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(영문) 수원지방법원 안산지원 2015.10.21 2015고단2470
강제추행등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On July 11, 2015, the Defendant committed indecent act by indecent act by indecent act: (a) around 02:31, the “EM store operated by D in Ansan-si C and the second floor; (b) the victim F (the 31 year old), an employee of the Defendant, was in mind of the body of the victim in order to arrange the table table, which is headed up with the victim, and was facing the victim, in a situation where the victim F (the 31 year old), was faced with the victim, and was faced with the victim, the victim’s chest, who was faced with his/her arms, laid his/her hands back to the lower lower end; and (c) the victim caused the victim’s body to go off, and (d) the victim’s her hands away, thereby committing an indecent act by coercioning the victim by force.

2. From around 02:00 on July 11, 2015 to 02:40 on the same day, the Defendant interfered with the business of the victim D’s bar business by force by entering the kitchen room and the office without permission under the influence of alcohol, and committing a disturbance, such as assaulting the staff G of the main store, and committing indecent act by compulsioning the employees F of the main store as described in paragraph (1), thereby obstructing the victim D’s bar business by force.

Summary of Evidence

1. The defendant's partial statement in court (the defendant and his defense counsel committed each of the crimes in this case under the influence of alcohol, and they make a claim to the purport of mental and physical disability. According to the records, although the defendant was found to have a drinking at the time of committing the crime, it does not seem that the defendant had a weak ability to discern things or make decisions, and therefore the defendant's assertion is without merit)

1. Each police statement made to D, G, and F;

1. Application of CCTV images and on-site photographs Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act concerning the choice of punishment, Article 314 (1) of the Criminal Act and the choice of imprisonment with labor;

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

1. The fact that the defendant under Article 62(1) of the Criminal Act is generally led to confession and reflects, that all victims have agreed to do so, and that the defendant has agreed to do so.

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