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(영문) 대전지방법원 천안지원 2016.06.10 2015고단2284
강제추행등
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal records] On January 7, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) in the Red Support of the Daejeon District Court (a group, deadly weapons, etc.) and completed the execution of the said sentence in the Daejeon Prison on June 4, 2014.

[Criminal facts]

1. Compulsory indecent act Defendant: on November 14, 2015, at a 1st floor restaurant located in the Masan-si B around 15:35 on November 14, 2015; and

A victim E (n, 29 years of age) who follows the victim E, and the victim "h, governance, humbling, and humbling shall be discarded to the victim."

111.1

The knife knife knife knife knife knife knife the knife of the victim.

2. On November 14, 2015, from around 15:35 to 16:00 the same day, the Defendant interfered with the victim’s restaurant business by force by avoiding disturbance, such as, under the influence of alcohol, in Ccafeteria operated by the victim F as described in paragraph (1), in which the victim F, fluencing in a city fee as described in paragraph (1), leaving his/her cell phone on the floor, leaving his/her cell phone, and taking a bath on the restaurant floor, and obstructing the victim’s restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. On-site photographs;

1. Video and sound recording files CDs;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations;

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 proviso to Article 35 and the proviso to Article 42 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. Class 1 of the Reasons for the Sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order (hereinafter “Special Cases concerning the Punishment, etc.”) (the scope of punishment recommended) is the area of mitigation (one month to one year), the area of mitigation (the person who is specially mitigated) [the person who is a special mitigated person] the second crime (Interference with the business] who is not subject to punishment, and interfering with the business of the first type (the scope of punishment recommended).

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