beta
(영문) 대전지방법원 2014.12.03 2014고단3130

강제추행등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On May 20, 2014, the Defendant: (a) committed indecent act by compulsion on the front side of “E” located in Seo-gu Daejeon Daejeon, Seo-gu, Daejeon on May 20, 2014; (b) took the left chest of the victim F (the age of 23) who was under the influence of alcohol without any justifiable reason; and (c) took the victim into his/her hand and expressed his/her desire to commit indecent act.

2. 공무집행방해 피고인은 2014. 5. 21. 00:10경 위 장소에서, 방범순찰 지원근무를 하고 있던 대전지방경찰청 대덕경찰서 생활안전과 149중대 방범순찰대 소속 일경 G에게 "씹할 새끼야 뭘 쳐다보냐 덤벼라.“라고 욕설을 하고, 위 G이 무전기로 경찰관 지원 요청을 하자 ”불러봐 씹할 새끼야.“라고 욕을 하면서 손으로 위 G의 왼쪽 팔을 잡아당겼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the crime prevention patrol of the above G as a police official.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of the F, H and G;

1. Application of the photographic Acts and subordinate statutes;

1. Article 298 of the Criminal Act and Article 136 (1) of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. According to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, and the record of a statement by the defendant and his defense counsel, the defendant seems to have drinking to a certain extent at the time of the crime. However, in light of various circumstances, such as the defendant's statement made to an investigative agency, the situation at the time of the crime of this case, the method and the defendant's behavior before and after the crime of this case, it cannot be deemed that the defendant lacks the ability to discern things or make decisions

The reason for sentencing is the initial offense, and is against it.