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(영문) 서울남부지방법원 2017.08.25 2017고단2453
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Criminal facts

On April 19, 2016, the Defendant was sentenced to six months of imprisonment with prison labor due to interference with business in the support for the care of the source of water sources, and completed the execution of the sentence on August 16, 2016.

1. Around May 17, 2017, at around 01:50, the Defendant, without any justifiable reason, threatened the victim by gathering food blades (total length of 33 cm, 20 cm length, 20 cm No. 1), which are dangerous articles on the table of the kitchen in the state of alcohol, (i.e., “E restaurant” operated by D located in Guro-gu Seoul Metropolitan Government, and (ii) coming to the victim F (n, 28 years of age).

2. The Defendant forced indecent act committed an indecent act on the same date and time, at the same place, in order to avoid the disturbance under the influence of alcohol, and try to use the victim D (the age 49) in double arms, and in line with the two arms of the said victim, and committed an indecent act by force against the said victim, such as bucking the buck of the Defendant, in the cuck of the said victim.

3. The Defendant who interferes with his duties is under the influence of alcohol at the same time, at the same place, and at the same time and place, the victim D “I have lost or destroyed the brue of drinking on the last Saturday.”

The instant victim interfered with the business affairs of the restaurant of the said victim by force by avoiding the disturbance, such as holding the large novel, holding the descendants of female employees in the said restaurant, continuously cutting the customers who provide meals on the side tables, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. CCTV images;

1. One knife (No. 1);

1. Previous conviction in judgment: Inquiry about criminal history and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 284, 283(1) (special intimidation, choice of punishment by imprisonment), Article 298 of the Criminal Act (indecent act by force, choice of punishment by imprisonment), Article 314(1) of the Criminal Act (in cases of interference with business and choice of punishment by imprisonment) of the same Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Sentencing Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

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