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(영문) 서울서부지방법원 2019.05.08 2018고단4215

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 of the final judgment.

Reasons

Punishment of the crime

1. The Defendant, at around 07:00 on October 21, 2018, committed an indecent act by compulsion by force against the victim D (the age of 19) following the victim D (the age of 19) who was seated in the Defendant’s side tables at “C” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, by force.

2. The Defendant, at the same time, at the same time and place as the above paragraph (1) above, taken photographs of the cell phone camera with the above D and their daily activities without permission, and took a bath, i.e., “C. no spack,” and taken a cell phone camera with other customers who had a meal service, i.e., e., spacking the floor by spacking the sound on the floor, and taking other customers who

Accordingly, the Defendant, by force, interfered with the cafeteria business of the victim E, a 30-minute restaurant manager.

3. 공무집행방해 피고인은 위 1항과 같은 일시, 장소에서 위 1~2항과 같은 범죄사실로 현행범인 체포되어 서울 서대문구 F에 있는 G파출소에 도착하였음에도 순찰차에서 하차하기를 거부하고, 이에 서울서대문경찰서 G파출소 소속 경위 H이 하차를 요구하자 “경찰 개새끼들”이라고 욕설을 하며 오른손으로 위 H의 왼쪽 빰을 2회 때리고, 계속하여 위 파출소 안에서 발길질을 하며 소리를 질러 같은 파출소 소속 경사 I이 이를 제지하자 오른발로 I의 턱과 복부를 각 1회씩 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement concerning I, H, E, and D;

1. Each written statement of E and J;

1. A photograph of damage from H (police officer);

1. 112 reported case handling table;

1. Investigation report (verification of CCTV images installed in the G police box);

1. Investigation report (related to video files);

1. A investigation report (related to CCTVs at a crime scene);

1. CCTV images related to indecent acts by compulsion or business obstruction;

1. The defendant's side concerning CCTV images and indecent act by compulsion relating to obstruction of the performance of official duties.