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(영문) 수원지방법원 평택지원 2014.09.04 2014고단147

강제추행등

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. 강제추행 피고인은 2014. 1. 1. 00:42경 평택시 C길에 있는 ‘D편의점’에서, 계산을 하는 척 하면서 계산대에서 일을 하던 피해자 E(여, 28세)의 왼쪽 가슴을 피고인의 오른손으로 1회 툭 치듯이 만지고, 구매한 물품을 넘겨받는 척 하면서 재차 오른손으로 피해자의 왼쪽 가슴을 1회 만져 피해자를 강제로 추행하였다.

2. On July 8, 2014, at around 22:50, the Defendant damaged the victim’s property by walking the elevator door of an elevator amounting to KRW 1,727,00 in the market price owned by the victim H on the ground that he/she is bad from the 6th floor calculated in Pyeongtaek-si F, without any justifiable reason, on the ground that he/she was drunk.

3. On July 8, 2014, the obstruction of performance of official duties and the Defendant: (a) voluntarily accompanied the police box on the grounds specified in paragraph (2) of this Article; (b) arrived at the police box located in Pyeongtaek-si I; (c) reported that the victim K (50 years of age) who was working at the above police box, tried to voluntarily carry the Defendant with the entrance and exit of the said police box; and (d) reported that the victim K (50 years of age) tried to voluntarily carry the Defendant at the entrance and exit of the above police box; and (c) when taking the victim’s face on one occasion, the police officer’s lawful performance of duties concerning the situation of the police box was obstructed; and

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to E and K;

1. A H statement;

1. Application of Acts and subordinate statutes of photographic materials, documentary evidence, on-site photographs, written diagnosis of injury, and written estimate;

1. Article 298 of the Criminal Act, Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of the performance of official duties, the crimes of injury, and the punishment specified for more severe injury);

1. Selection of each sentence of imprisonment;

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

1. The Criminal Act, the suspension of execution;