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(영문) 인천지방법원 2017.11.30 2017고단6920
강제추행등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 17, 2017, from around 23:00 to 23:40, the Defendant: (a) made a claim on the ground that he/she received money without deducting the expenses despite the Defendant’s refusal to do work and drink within the “Duds” operated by the victim C (at the age of 51) located in Nam-gu Incheon Metropolitan City; and (b) made a claim on the ground that he/she received money without deducting the expenses despite the Defendant’s refusal to do so.

“The victim, who did not receive the above provision, prevented the entrance of the chair in the singing room, and interfered with the victim’s singing business by force by avoiding the disturbance of about 40 minutes, such as obstructing the victim from participating in the singing room, leaving two rooms where other customers sing their singing, and blocking them from singing, and blocking them from playing in the singing room. This interfered with the victim’s singing business by force.

2. The Defendant, at the time and place specified in paragraph 1, committed an indecent act by force, without responding to the request of the victim for the above reasons, and on a one-time basis, committed an indecent act by force against the victim’s chests entering a singing room three times. On the other hand, the Defendant continued to follow the victim’s face, and by forceing the victim’s face several times as the Defendant would raise.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 314(1) of the Criminal Act, Article 298 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Class 1 of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to Attend (the scope of recommended punishment) on the grounds of the sentencing of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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