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(영문) 서울남부지방법원 2017.07.14 2017고단1573
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On January 15, 2017, from around 18:00 to around 18:30, the Defendant forced indecent conduct Defendant demanded that the victim F. (V. 50 years old) who is an employee of the above establishment be panty panty to the victim, even though he/she demanded that the above establishment be placed in the E 3rd room located on the floor of the building D in Namyang-si, Namyang-si.

In addition, the defendant committed an indecent act by force against the victim by putting the hand of the victim who was the victim of his own will toward the defendant's sexual organ, and putting the victim out of the victim's will, even though the victim did not do so.

2. The Defendant: (a) demanded the victim G, the owner of the pertinent business, to return money on the ground that F does not harm the sexual intercourse at the date, time, and place under the preceding paragraph; (b) expressed the victim’s desire to “I am to the end of the day”; and (c) made the victim’s disturbance by not later than 19:20 on the same day, and prevented customers from entering this business.

Accordingly, the Defendant interfered with the operation of the victim's Maternity business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police in relation to F and G;

1. Application of statutes on field photographs;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of punishment (the point of forced indecent conduct, the choice of imprisonment), and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment);

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act on the observation of protection;

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. Scope of the recommended sentences according to the sentencing criteria;

A. 1 Scope of sentence of individual crimes 1) The crime of indecent act by force (basic crime) [Scope of punishment ] the crime of indecent act by force (subject to 13 years or more) (subject to 13 years or more) Case No. 1 (general indecent act by force) (subject to 13 years or more) In the mitigation area (1- year) (2) [Special mitigated person] interference with business affairs (the scope of recommendation).

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