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(영문) 부산지방법원 동부지원 2017.03.08 2016고단2655
강제추행등
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On November 24, 2016, the Defendant was forced to commit an indecent act: (a) within the “C cafeteria” located in Suwon-gu, Busan on November 24, 2016, and (b) to the victim D (50 years of age, women) who is an employee. The Defendant is not aware of the face bad once.

It shall be placed once a day on the face of the Egypt.

Is Doz.

Magrax.

Singer. “Wingman.” The victim was singing up with his arms, and continued with the victim, and the victim was able to write off the victim’s hand and the victim’s hand by force.

Accordingly, the defendant's indecent act was committed by force.

2. At around 02:30 on the same day, the Defendant: (a) was dispatched to the front of the above restaurant, after receiving the report of the above D-D-112; and (b) was asked by his female to “a request to return home because he was a large number of the Defendant; and (c) was asked by the police officer F of the Busan Southern Police Station E zone of the Busan Southern Police Station to the effect that “I would have to return home, because he would have been able to return home,” and the Defendant was threatening to bread while taking the hand while taking a bath, and obstructed the police officer’s legitimate performance of official duties concerning the handling of the reported case.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts, the choice of punishment, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties and the selection of fines);

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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sex Offenses against Juveniles (the defendant has been punished for a sex offense).

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