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(영문) 대구지방법원 서부지원 2016.05.26 2016고단487
강제추행등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of two years on November 7, 2013 by obstructing business operations in the Seo-gu District Court Branch Branch, etc. On September 5, 2014, the Defendant was sentenced to six months of imprisonment with prison labor on September 5, 2014, and the said suspended sentence became final and conclusive on November 17, 2014, and completed the said suspended sentence on July 20, 2015.

[Criminal Facts]

1. On January 14, 2016, the Defendant forced indecent act: (a) committed an indecent act by force against the victim in the beauty room operated by the victim D (Inn, 36 years of age) located in Daegu-gun, Daegu-gun, on the part of the victim D (Inn, 36 years of age); (b) the victim took the victim’s left hand on the part of the victim’s left shoulder; and (c) the victim tried to put the victim’s face on the part of the victim’s face, while taking the victim’s face into custody.

2. The defendant interfering with his/her duties by committing an indecent act against the victim D (at the age of 36) as described in paragraph (1) at the same time, at a place as described in paragraph (1) and paragraph (1), thereby continuously putting the victim out of the entrance of the beauty room, such as defects that make the victim take out of the cosmetic room, and “the son of weather s” in front of the door “the son of weather s,” making him/her walk out of the door, walk out the door, walk out the door, and take out the spawnum.

Along with approximately 20 minutes of the victim's beauty room business, such as drinking alcohol and gathering illness, the victim interfered with the business of beauty room.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (date of release of a suspect and confirmation of his/her past record);

1. Article 298 of the Criminal Act, Article 314 (1) of the Criminal Act, and the selection of fines for the crime;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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