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(영문) 수원지방법원 2017.02.09 2016고단6180
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 6, 2016, the Defendant forced indecent act: (a) 01:30 on August 6, 2016, 2016, “E” operated by D located in Suwon-si, Suwon-si C, with food and drink F along with daily string in the outdoor table; and (b) the victim G (V, 57 years old)’s wife at the above D’s seat, which entered the said restaurant with food and drink; and (c) when the victim G (V, 57 years old) was her own hand, her knife his son’s son with his son’s son, her son’s son’s son’s son, thereby committing an indecent act against the victim by taking the victim’s son’s son’

2. On August 6, 2016, the Defendant: (a) demanded to pack food remaining in the above restaurant on August 6, 2016; (b) however, the Defendant contained only half of the remaining food of the said G in packaging.

I think of this, it interfered with the victim D's restaurant operation by force for about one hour, such as moving off the table to the floor by cutting off the table strings, cutting down the strings into the floor, and cutting down the strings on the floor, etc.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement of the police statement related to G;

1. Each written statement of D;

1. A report on investigation;

1. Application of statutes on site photographs;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 314 (1) of the Criminal Act, and the choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. 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 a course;

1. Application of the sentencing criteria;

(a) No. 1 crime (sex crime) [the scope of a recommendation] general standard and the crime of indecent conduct (subject to at least 13 years of age) is not subject to punishment (one month to one year of general indecent conduct) in the mitigation area (a person subject to special mitigation);

(b) Class 2 Crimes (Obstruction of Duties) [Scope of Recommendations] : From January to April 1, 200, the mitigation area (one month to August) (Special Mitigation Persons] / The scope of final sentence due to the aggravation of punishment non-exclusive crimes: 1 month to April.

2. Determination of sentence: Each of the crimes in this case.

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