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(영문) 인천지방법원 2018.12.06 2018고단6722

강제추행등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On August 9, 2018, the Defendant interfered with the performance of official duties: (a) the Defendant, at the D station service room located in Seocheon-C around 23:10 on August 9, 2018, hereinafter “the Defendant,” was able to take away from the E station service room, after receiving a report 112, from E station F of the E station, who called “the police officer drinking brain water, and the police officer drinking taxes,” and the Defendant, upon receiving a request from the E station service room, continuously informed that F might be punished for interference with the performance of official duties, “the Defendant interfered with the performance of official duties.”

The term “Woo” and “F shouldered twice by hand.”

Accordingly, the defendant interfered with police officers' legitimate handling of civil petition reports.

2. The Defendant, at the same time and place as stated in paragraph 1, committed an indecent act by force, on one occasion, committed an indecent act by force against the victim’s chest by dividing the victim’s chest by hand, instead of putting the chest of a victim’s G (the 33-year old age) that was subsequent to the police officer’s notification that he/she may be punished as a crime of obstructing the performance of official duties by committing an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. G statements;

1. 112 Report processing lists, and E district reserve service;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 298 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Crimes 1 [the scope of recommended punishment] on the grounds of sentencing in the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Act on the Protection of Children and Juveniles against Sexual Abuse”) and the basic area (6-2 years to 13 years or more) of the Act on the Protection of Children and Juveniles against Sexual Abuse, where there is no person who is subject to special sentencing [the scope of recommended punishment] on the grounds of the sentence of Article 56(1) [the scope of recommended punishment] on the grounds of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of punishment] on the mitigated area (one month to eight months] [the person who is subject to special mitigation].