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(영문) 서울남부지방법원 2016.04.06 2016고단511
강제추행등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 16, 2016, the Defendant forced indecent act committed an indecent act: (a) while drinking alcohol on the packaging horse run by the victim C (V, 65 years of age) located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant committed an indecent act by making the victim’s her mare only two to three times by hand.

2. At the same time, at the same place as paragraph 1, the Defendant: (a) heard the phrase “at present,” from the person suffering from the said damage, she would be suffering from sexual indecent act; (b) seems to have been committed against the victim; and (c) took a 30-minute disturbance, such as having another customer take a large voice, and had another customer feel a disturbance.

As such, the Defendant interfered with the victim’s packing horse operation by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on police statements made to victims;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 314 (1) of the Criminal Act, and the choice of imprisonment, respectively;

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 62 (1) of the Criminal Act on the suspended execution;

1. For the reason of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed: One type of crime (the scope of punishment recommended) which is subject to the general standard for compulsory indecent act (13 or more years) (1 or 1 year) [the person subject to special mitigation] who is not subject to the punishment [the scope of punishment recommended]] Class 2 crime (Interference with the business] of the mitigated area (1 month or 8 months) [the scope of punishment recommended] [the person subject to special mitigation] the mitigated area of punishment [the scope of final sentence due to the aggravation of punishment for the aggravated multiple crimes: January 1 to April 4 [the sentence]; the fact that the defendant has been punished several times due to the property damage, damage to public goods; the victim does not want the punishment of the defendant; the defendant's age and the records and circumstances of the crime in this case;

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