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(영문) 서울남부지방법원 2013.11.05 2013고단3028

강제추행등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 25, 2013, the Defendant, at around 23:10 on August 25, 2013, went to the “Cjuk” located in Guro-gu Seoul Metropolitan Government, and went to the end of the business from the victim D (the age of 41) who is an employee.

Nevertheless, the defendant saw the victim D, who was facing the victim's own arms, as the main bank where the victim D was the victim.

Accordingly, the Defendant committed indecent acts by compulsion against the victim D.

2. The Defendant damaged property at the time and place set forth in paragraph (1) of this Article, upon receiving a request for delivery from the victim E, the owner of the above D and the above head E, and shouldered the victim E, who was on the main water purifier, with a view to 200,000 won of the market price of the victim E, who was on the main water purifier, by hand.

Accordingly, the defendant damaged the victim E's gambling.

3. Around the time and time set forth in paragraph (2), the Defendant expressed his desire to ask the victim E for a shoulder self value at the entrance of the above head, face, arms, etc. of the victim E with the Defendant’s drinking and hand room.

Accordingly, the Defendant assaulted the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of prosecutorial statement concerning D and E;

1. Application of statutes on photographs of damage;

1. Provisions applicable to the crime, Articles 298, 366 and 260 (1) of the Criminal Act concerning the selection of a punishment, and the choice of imprisonment for a crime;

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. Social service order under Article 62-2 of the Criminal Act;

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant have the record of receiving a summary order of a fine of one million won due to the crime of assault on July 27, 2009, and a fine of three hundred thousand won due to the violation of the Punishment of Violences, etc. Act (joint injury) on July 21, 201, the degree of indecent act by compulsion by the instant crime, and the Defendant.