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(영문) 부산지방법원 2016.08.11 2015고단7648
강제추행등
Text

Defendant

A shall be punished by imprisonment for four months.

However, with respect to Defendant A, the above sentence shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

Defendant A and B entered the victim D (the age of 49) to the "Finging practice place" located in Fing-gu, Busan, which was operated by the Fing-gu, Fing-gu, Busan, but failed to find it to be lost in the singing room. The Defendant and B made a complaint against the victim on the ground that they did not want to do so and did not find it to be lost in the singing room.

1. On August 30, 2015, the Defendant forced indecent act: (a) around 19:00, committed an indecent act with the victim’s chest her face while driving on the victim’s chest, and doing an indecent act with the victim’s face, following the victim’s face.

2. The Defendant damaged property at the same time and at the same place, the sum of 1,90,000 won was damaged, including, at the same time and place, the sum of which was 1,200,000 won, such as: (a) a string of 1,200,000 won in a singing room with the victim; (b) a string of 1,200,000 won in a singing room; and (c) two strings in an indoor room; and (d) two strings,

3. The Defendant interfered with the victim’s business by force, such as assaulting the victim on the same date and at the same place, three occasions with his/her left side her head kneep, protruding his/her head knating him/her, protruding him/her on the sofacing him/her, protruding him/her on the sofacing so that he/she can not enter the victim’s singing practice place business by avoiding disturbance between about 30 minutes of glass and preventing other customers from entering the place.

Accordingly, the defendant interfered with the victim's work.

Summary of Evidence

1. Defendant A’s legal statement

1. Statement made by the prosecution with regard to D;

1. Application of Acts and subordinate statutes to investigation reports (including attachment of site photographs);

1. Relevant legal provisions of the Criminal Act and Articles 298, 366, and 314 (1) of the Criminal Act, and the choice of imprisonment 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 Code of the Suspension of Execution (the fact that there is no past record of the crime of the same kind and reflects it, and the damage has been restored.

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