beta
(영문) 대전지방법원 천안지원 2017.11.17 2017고단1816

강제추행등

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 5, 2017, the Defendant forced indecent act: (a) found the victim D (nives, 37 years of age) who was a scambling and dialogue at the street in front of C; and (b) caused the victim’s scambling to his her son, thereby forcibly committing an indecent act by forcing the victim to commit a scambling with his her her son.

2. On June 5, 2017, at around 00:48, the Defendant: (a) heard questions from the victim F (F) of the E District Party in the ASEAN Police Station E-gu, Busan Police Station, who was dispatched after having received 112 reports in relation to the preceding paragraph; (b) without any justifiable reason, expressed that “I am, I am, I am, I am, I am, I am, I am, I am, I am.”; and (c) caused the victim to assault the victim, such as, “I am, I am, I am, I am, I am, and I am.”

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. A written statement;

1. Each photograph;

1. Application of the Acts and subordinate statutes to each CCTV video CD or file;

1. Relevant legal provisions concerning facts constituting an offense, Article 299 of the Criminal Act (the point of forceful indecent act), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, 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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Where a conviction becomes final and conclusive on a crime of indecent act committed in the judgment that is subject to the registration of personal information in consideration of the reason for the sentencing of Article 334(1) of the Criminal Procedure Act, including the fact that the person was reoffending during the period during which the punishment of the provisional payment order was suspended, the fact that the damage was not recovered, and the fact that the person is against the registration of personal information, the person is subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

disclosure order; or