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(영문) 청주지방법원 영동지원 2016.03.24 2016고단5
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 31, 2015, the Defendant destroyed special property: (a) around 01:0, the 2nd floor corridor in Chungcheongnam-do, Chungcheongnam-gun, Chungcheongnam-do; (b) around 01:0, the Defendant: (c) took a dangerous object under the influence of alcohol while he was able to file complaints due to the lack of flat water; and (d) took the entrance of the Mour Information Center, and damaged the above entrance at the level of KRW 200,00,000, market price owned by the victim E (e.g., the age 72).

2. At the time and place set forth in paragraph 1, the Defendant interfered with the victim E’s business operation by force due to the following: (a) the Defendant’s noise, “Ig, B.D.(b)”, setting up a drinking and feling room, setting up the entrance of the information room as described in paragraph 1, destroying and damaging the fire extinguisher’s door, and dusting the end of the fire extinguisher, thereby obstructing the victim E’s business operation by force.

3. On December 31, 2015, at the place indicated in paragraph (1) around 01:30 on December 31, 2015, the Defendant was forced to commit an indecent act. As above, the Defendant f (40 years old) and the Defendant f (40 years old) of the victim, who was a guest from the telephone’s corridor, was panty with the cell phone used by his/her hand, and panty frighted off the victim’s sexual organ several times, and the Defendant flicked the victim’s sexual organ.

Da 123, 200

“Indecent act by force against the victim”.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes, such as a written estimate, on-site photograph, and photograph description (CCTV caps);

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 (the point of interference with business), Articles 369 (1) and 366 of the Criminal Act, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (with respect to the punishment determined for the most severe indecent act committed by force);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Surveillance of protection, community service order and order to attend a lecture under Article 62-2 of the Criminal Act, Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. An order of disclosure; and

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