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(영문) 창원지방법원 마산지원 2016.11.23 2016고단994

강제추행등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. 강제추행 피고인은 2016. 9. 17. 18:30경 경남 함안군 C에 있는 피해자 D(여, 20세)이 근무하는 E 편의점에서, 물건을 구매한 후 계산하던 중 술에 취해 피해자에게 “지금 과거인지 현재인지 모르겠다.”라고 말하였다가 피해자가 대답하지 않자, 피해자에게 “아가씨! 내 눈을 바라봐!”라고 말하면서 피해자의 얼굴 부위에 침을 뱉고, 이를 피하는 피해자의 손목을 잡고 손을 뻗어 피해자의 가슴 부위를 만지려고 하면서 피해자를 강제로 추행하였다.

2. On September 17, 2016, the Defendant interfered with the performance of official duties at the above convenience store: (a) received a report by compulsion D, and received confirmation of the details of the report and personal information from G during the police box of the Hashean Police Station, and (b) received a report from G to the police box of the Hashean Police Station, and obstructed the police officer’s legitimate performance of duties concerning the crime prevention and suppression of a police officer’s chest in his/her hand, and was carried out one time as a drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of G or D prepared by the police;

1. Application of the Acts and subordinate statutes concerning the investigation report on CCTV (CCTV) and the CCTV images to which the aforementioned Acts and subordinate statutes are applied;

1. Relevant legal provisions concerning the crime, the choice of punishment under Article 298 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: The scope of final sentence due to the aggravation of punishment due to the aggravation of punishment for multiple multiple offenders who are not subject to the first category (the scope of recommendations) and the basic area (6-1-4 months) of the obstruction of performance of official duties [the scope of punishment for a person subject to special punishment] [the scope of recommendations] of the second category (the scope of punishment for a person subject to 13 years of age or older] of the crime of indecent act by force (one month or one year), the scope of punishment for a person subject to special mitigation]