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(영문) 인천지방법원 2013.11.27 2013고단6098
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 14, 2013, the Defendant committed indecent act by compulsion at the “E” restaurant operated by the victim D (n, 55 years of age) in Gyeyang-gu Incheon Gyeyang-gu (hereinafter “E”), and the victim D’s chest who received orders by hand under the influence of alcohol only twice, and by hand, committed indecent act against the victim D by force by force.

2. The Defendant violated the Punishment of Violence, etc. Act (collective assault, deadly weapon, etc.) committed an indecent act by force against D at the time and place specified in paragraph (1) as seen above, the victim F (56 years of age) who is another customer committed an indecent act against the Defendant, committed an assault against the victim F by gathering the crypter’s disease, which is a dangerous object on the crypter or its table, with the crypter’s disease and blaping the cump and blaping the victim F.

3. The Defendant, at the time and place specified in Paragraph 1, committed an indecent act by force against the victim D as above, and obstructed the victim D’s restaurant operation by force by force by force, such as forcing the victim F, who is another customer, to make a horse or sound, and collecting cryp, beer, beer, beer, beer, and ber, etc. on the table.

4. The Defendant causing property damage, at the time and place specified in Paragraph 1, destroyed that the victim F, who is another customer, was laid on the floor a cellular phone set up by the victim F, in which the victim F, was laid on the table, and damaged to require an amount equivalent to KRW 469,60,00 in repair cost, and the victim D, who was in the restaurant, was set at a low scale owned by the victim and damaged to require an amount equivalent to KRW 29,500 in repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police made to D, F, and B;

1. Application of Acts and subordinate statutes on site photographs, receipts, and the outlines of copies;

1. Article 298 of the Criminal Act, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, Article 366 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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