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(영문) 서울북부지방법원 2015.12.17 2015고단3897

강제추행등

Text

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

Reasons

Punishment of the crime

1. On October 28, 2015, from around 15:28 to 15:42 of the same day, the Defendant obstructed the business at the “E” cosmetics shop in Dongdaemun-gu Seoul, where the victim D (n, 26 years old) works, carried out the sales stand, and carried out the sales stand before the accounting stand.

During it repeatedly, customers are forced to get out of the disturbance and let other customers enter the disturbance, such as provoking behaviors that threaten the victims or customers, etc.

Accordingly, the Defendant interfered with the victim's cosmetic sales business by force.

2. The Defendant committed indecent act by compulsion at the above time and place, where he had been suffering from the disturbance as above, committed indecent act by compulsion on the part of the victim’s left chest by only one time.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with business, Selection of Imprisonment) and Article 298 of the Criminal Act concerning the crime;

1. Criteria for sentencing reasons for aggravated concurrent crimes in Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act;

(a) The basic area of the crime of interference with business (the first crime) / [the scope of the punishment recommended] and the basic area of the crime of interference with business (the imprisonment of six months to one year and six months);

(b) The first type of the crime of indecent act by compulsion (the second type of crime) [the scope of punishment by indecent act by compulsion] (the scope of general indecent act by compulsion] (the range of punishment by compulsion] - Special mitigation area (one month to one year of imprisonment) - Special mitigation area: Where the exercise of force is considerably weak and the degree of indecent act is considerably weak;

C. The scope of final sentence due to the aggravation of multiple offenses: the sentencing factors and the Defendant’s age, character and conduct, intelligence and environment, motive for and method of the crime, conditions after the crime, etc., under the decision of sentence of 6 to 2 years of imprisonment.