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(영문) 인천지방법원 2014.10.30 2013고단6113
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

around 22:55 on September 11, 2013, the Defendant: (a) discovered the victim B (bef, 29 years of age) in front of the Yanpyeong-dong, Incheon Metropolitan City, in order to commit an indecent act on the part of the victim under the influence of alcohol; (b) discovered the victim B (bef, 29 years of age); and (c) committed an indecent act on the part of the victim such as the victim.

On July 31, 2014, from around 12:20 to 12:50 on the same day, the Defendant interfered with the victim’s restaurant business by having the customers who had opened the place and opened the place with his/her own face in the “E” restaurant operated by Gyeyang-gu Incheon Metropolitan City C victim D, and wanting them to pay the price, and making the victims want to do so.

Summary of Evidence

"2013 Highest 6113"

1. Defendant's legal statement;

1. Protocol of the police statement with regard to B "2014 Highest 5828";

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to photograph the Speaker;

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 (The following extenuating circumstances among the reasons for sentencing);

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. Basic area of the scope of the recommended punishment according to the sentencing guidelines (determination of type) (the scope of the recommended area and the scope of the recommended punishment) and the general standard of the crime of indecent act by force (subject to the age of 13 or more) and the absence of the first category (general person by force): Six months to two years;

2. The Defendant has been punished several times for the crime of conspiracy similar to the crime of interference with business as stated in the judgment of the sentence, and each victim has not been punished for recovery of damage, but has against his mistake.

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