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(영문) 수원지방법원 2015.10.29 2015고단3784
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. At around 01:00 on February 15, 2015, the Defendant committed indecent act by compulsion by force against the victim E (the 56-year-old, female) who did the mixed drinking at the D main points located in Won-si, with intent to commit an indecent act by reporting the victim E (the 56-year-old, female). The Defendant was forced to commit an indecent act by force against the victim, such as: (a) the victim’s shoulder was seated adjacent to the victim; (b) the victim’s shoulder was cut down by his own hand; (c) the victim’s shoulder was cut down; and (d) the Defendant’s face was fluened by viewing the victim’s face; and

2. The Defendant interfered with the business of the victim F, who operates the above main points at the above time, at the above time and at the above place, took the victim’s bath with the large sound called “the son.” The Defendant obstructed the victim’s main shop operation by force by forcing the customers, who were on other tables, by avoiding disturbance, such as cutting the water reservoir, beer, beer, and beer, etc., breaking the beer and beer, etc., on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement to E and F;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend education;

1. With respect to concurrent crimes under the former part of Article 37 of the Criminal Act between the crimes for which the sentencing criteria are set and the crimes for which the sentencing criteria are not set, the lower limit of the sentencing criteria shall be set according to the lower limit of the scope of the sentencing in the crimes for which the sentencing criteria are set; and

[Scope of Recommendation] There is no basic area (6-2 years to 6-2 years) of the first type of indecent act by force (subject to over 13 years of age).

2. Determination of sentence: 6 months of imprisonment, and 2 years of suspended sentence, the nature of the crime in this case is not good;

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