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(영문) 서울남부지방법원 2014.11.19 2014고단3613
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 21, 2014, at around 15:48, the Defendant committed an indecent act by force by force, on his hand, the Defendant: (a) stated that “A victim E (the 50-year-old age-old) who was seated in a cafeteria “D” restaurant located in Yeongdeungpo-gu Seoul Metropolitan Government, drinks and drinks with his sons, and sits on the side table, without any particular reason, “I am h. h. h. h. h. h. h.)”; (b) taken the victim’s neck by hand when 3 to 4 times with the victim’s her neck, she forced the victim to walk the victim’s secret, taken the victim’s chest on his her hand, she took the victim’s secret, and frighted him on his son, and committed an indecent act by force by force.

2. At around 15:55 on the same day, the Defendant: (a) expressed his desire to “I am feasia, I amfas, I amfas, I amfas, I amfas, I amfas, I ambas, I amfas, I amfas, I ambas, I ambas, I ambas, I amfas, etc., and interfered with the police officer’s legitimate execution of duties.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to victims E and G;

1. Article 298 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of punishment (the occupation of obstruction of performance of official duties and the choice of imprisonment);

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 ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. In light of the circumstances and contents of each of the instant crimes in the grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the crime is not weak, but is likely to lead to the crime by drinking under the influence of alcohol while suffering from brain diseases, and is subject to punishment heavier than the fine.

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