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(영문) 서울북부지방법원 2015.04.15 2014고단4514
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 of the final judgment.

Reasons

Punishment of the crime

1. Around October 16:50 on October 12, 2014, the Defendant attempted to keep the victim E (n't.e., 45 years of age) who was placed in the calculation stand in the D restaurant located in Seongbuk-gu Seoul Metropolitan store C, in a sudden manner, but the victim avoided himself/herself, and the victim committed an indecent act because his/her her her her her her her her her her her her her her her her her her part

2. At the time and time of paragraph 1, the Defendant, in D restaurant managed by the Victim F (L, 39 years of age), expressed the victim’s desire to see and resist the above indecent act scene, such as “I am in the president, I am in this shape, why I am in this mar, why I am in this mar, and that I am in this mar, I am in this mar, I am in the office, and am in the table, I am in the 20 minutes of the disturbance.”

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

Summary of Evidence

1. The part concerning the statement of the defendant in the first trial record;

1. Each police statement of E and F;

1. Application of CCTV Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the crime, the choice of punishment, and Article 314 (1) of the Criminal Act (the point of business conduct and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Standard for sentencing the grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend school

(a) Type I (the range of recommendations) (the special mitigation area (one month to one year of imprisonment) of the crime of indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by compulsion by indecent act by indecent act by indecent act by compulsion by indecent act by indecent act by compulsion by indecent act by indecent act

(b) Crimes of setting the sentencing criteria for interference with business;

C. Aggravation of multiple offenses: The lower limit is the degree of indecent conduct in determining the sentencing sentencing based on the lower limit on the sentencing criteria is weak, and the victim of indecent conduct is the victim.

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