beta
(영문) 인천지방법원 2014.12.11 2014고단7141

강제추행등

Text

A defendant shall be punished by imprisonment for six 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 August 9, 2014, at around 22:40, the Defendant obstructed the business of the victim’s restaurant business by force, having other customers enter the restaurant, such as, in the state of being drunk in the restaurant for the operation of the victim C (n, 60 years of age) located in Seo-gu Incheon Metropolitan City, the Defendant: (a) walked the time room for other customers “I am unable to take personnel,” and (b) let the said customer run the restaurant; and (c) the victim am out of the restaurant, and (d) obstructed the victim’s restaurant business by force.

2. On August 9, 2014, the Defendant: (a) committed indecent act by compulsion on the part of the victim, on the front of the above restaurant entrance; (b) as the two descendants around eight times the victim’s chest, and (c) continued to have the Defendant’s face seen on the left side of the victim; and (d) committed indecent act by compulsion against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and D

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act concerning the choice of punishment, Article 314 (1) of the Criminal Act and the choice of imprisonment with labor;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend education;

1. Basic area of the scope of the recommended punishment according to the sentencing guidelines (determination of type) (the scope of the recommended area and the scope of the recommended punishment) and the general standard of the crime of indecent act by force (subject to the age of 13 or more) and the absence of the first category (general person by force): Six months to two years;

2. Although there are records of the Defendant’s decision on the crime of interference with business as stated in the judgment of the Defendant and the previous and previous charges, there are no records of punishment exceeding the fine, taking into account the following factors: the Defendant’s age, character and conduct, environment, criminal records, etc. and various sentencing factors expressed in the trial process.