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(영문) 서울북부지방법원 2020.05.14 2019고단3934

강제추행등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 14, 2019, around 23:30 on April 14, 2019, the Defendant interfered with business, at the “D” bar operated by the victim C (the 70-year-old) located on the 1st underground floor in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul (hereinafter “D”), and at the same time, the Defendant returned to the main points under the influence of alcohol, so that the Defendant was seated on the tables of the customers who were in the main place of drinking, and asked the customers to drink, and the victim was the victim of the defect that the victim would go back, and the customer was removed, and thereby interfered with the victim’s entertainment business by force.

2. The Defendant, at around 00:00 on April 15, 2019, committed indecent act by compulsion, at “D” as indicated in paragraph (1), and at the request of the victim as indicated in paragraph (1), the Defendant made an indecent act by compulsion by force by force on the part of the victim, namely, dynasium and milch tank in the face of the drinking, “dynasium, dynasium, dynasium,” and by single hand, committed an indecent act by force on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding E;

1. Each police statement of C;

1. Investigation reports (on-site verification, etc.);

1. Investigation report (to listen to shots and victims' telephone statements);

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims at the time of criminal conduct);

1. Relevant Articles 314(1) and 318 of the Criminal Act and the choice of a penalty concerning the facts constituting an offense, the choice of imprisonment in accordance with Articles 314(1) and 298 of the Act;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to attend a lecture;

1. Scope of recommended sentences according to the sentencing criteria;

(a) The basic area (six to two years) of the first type of crime (no special person: a person who has committed a sex crime) or the crime of indecent act by compulsion on a sexual basis;

(b) Type 1 (Interference with Business) and basic area (six months to one year and six months) (special person): No one shall interfere with business;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment;