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(영문) 창원지방법원 통영지원 2018.11.30 2018고단926

강제추행등

Text

A defendant shall be punished by imprisonment for not less than one year and six 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

【2018 Highest 926】 On August 5, 2018, the Defendant committed an indecent act against the victim E (one’s name, two-eight years old) who passed in front of the Defendant in order to enter a place where the Defendant talks with the Defendant, while having talked with the Defendant at a DNA specialty store located in C on August 5, 2018. The Defendant committed an indecent act against the victim by putting his/her hand in the inside inside the inner part of the victim’s hand with his/her hands, and her knife with his/her knife with his/her knife with his/her finger, and by forcing him/her to do so with his/her finger.

[2018 Highest 1186] The Defendant, on August 5, 2018, 2018, was sexually fighting with G, F, who was in front of F on August 5, 2018, and was dispatched upon receipt of a report 112, and was subject to I’s control from the police officer belonging to the Hodo Police Station H District.

짭새 새끼야 ’라고 하면서 양 손으로 순경 I의 가슴을 잡고 밀쳐 그곳에 있는 난간에 부딪히게 하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to 112 reporting.

Summary of Evidence

[2018 Highest 926]

1. Statement by the defendant in court;

1. Each police statement of E and I, 【2018 senior group 1186】

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense and the point of obstructing the execution of official duties in the choice of imprisonment: Article 298 of the Criminal Act, Article 136 (1) of the Criminal Act, Article 136 of the Criminal Act, the choice of imprisonment or imprisonment;

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. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Orders to observe protection and attend lectures or orders to provide community service;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order of disclosure, an order of notification, and an order of restriction on employment, the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant’s age, occupation, family environment, social relationship, criminal record, and risk of recidivism).