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(영문) 인천지방법원 2017.05.18 2016고단8872
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 8872]

1. On September 20, 2016, the Defendant forced indecent act: (a) at the entrance of the trade name “Esing shop” operated by the victim D (W, 52 years of age) located in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “Esing shop”); (b) had the victim had the intent to force the Defendant to commit an indecent act against the Defendant’s access to the said main shop; and (c) had the victim “an indecent act against the Defendant’s will be seen as an indecent act against the Defendant.”

“In doing so, the victim, following the victim with the entrance, was hickly hickly hicked, and continued to lick the victim’s sexual organ, and repeatedly licked the victim’s sexual organ, etc., describing sexual conduct.

Accordingly, the Defendant committed an indecent act on the part of the victim.

[2016 Highest 9164]

2. Around 00:40 on November 25, 2016, at the main point of “H” operated by the victim G in Seo-gu Incheon, Seo-gu, Incheon, the Defendant obstructed the victim’s main business by taking advantage of the fact that the victim was prevented by entering a mixed and drinking, and the talking to the victim for the reason that the victim would be in a situation where the victim would have fluencing the customer with the drinking while drinking, and that the customer was prevented by drinking, and by taking advantage of the fact that the victim was prevented, the Defendant expressed the victim’s desire to “Is, Ising, Ising, Ising, Ising, Is.” to the customers who had talked with the singing before the stage, and preventing them from singing.

Summary of Evidence

Facts [2016 Highest 8872]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. The notification of the department related to the report of the 112 case, and the CD in which the criminal suspect’s face to commit the crime is recorded;

1. Two facts as stated in each investigation report;

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. G statements;

1. Notification of a receipt and department related to the report of the case of 112;

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

1. Relevant Article 298 of the Criminal Act and Article 314 of the Criminal Act concerning criminal facts (the point of forceful indecent act) and Article 314 of the Criminal Act.

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