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(영문) 서울북부지방법원 2017.12.21 2017고단3897

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. Whether the Defendant, on May 18, 2017, is aware of the victim’s indecent act, who was waiting for the victim B (the 26-year old-old-old victim) waiting for the signal about to cut the crosswalk in the street near the bus stops located in the Gangseo-gu Seoul Metropolitan City, Gangnam-gu, Seoul around May 18, 201.

The phrase “the victim’s arms were frightened by hand, and the victim was frightened by the bus stop, followed by the victim who was listed on the bus at the bus stop, and then rhhumd by the victim’s arms and head on the seat above the seat where the victim was seated, thereby committing an indecent act by force against the victim.

2. On May 18, 2017, the Defendant interfered with the performance of official duties: (a) was arrested as a current offender of the crime of indecent act committed by the police officer under the circumstances F of the post of the police box belonging to the Seoul Gangnam-gu Police Station E box called up after receiving the 112 report, and by slope G, at around 07:50 on May 18, 2017, the Defendant obstructed the police officer’s legitimate performance of duties concerning the arrest of a flagrant offender by walking up one-time a part of the police officer’s spath in the direction of the police station, and by taking the spath G to close the door of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to B and G;

1. Relevant Article 298 of the Criminal Act, Article 136 (1) of the Criminal Act, and the selection of each fine for a crime;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal record, and risk of recidivism, and profits and prevention expected from the disclosure or notification order of this case.