beta
(영문) 부산지방법원 동부지원 2017.10.11 2017고단1624

강제추행등

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On June 10, 2017, the Defendant forced indecent act: (a) was under the influence of alcohol in front of the D community service center located in Busan, Daegu, Busan, the Defendant committed an indecent act on the part of the victim; (b) was under the influence of alcohol in front of the D community service center; (c) obstructed the victim E (24 years of age) and snow with the desire of the victim; and (d) obstructed the victim’s shoulder by one hand; and (c) committed an indecent act by force by inserting another hand into the clothes of the victim; (d) putting the victim’s chest into the clothes of the victim; and (e) putting the victim’s chest on several occasions.

2. Around June 10, 2017, the Defendant interfered with the performance of official duties, on the street in front of the pertinent D community service center, and “the Defendant was assaulted by the Defendant.”

“Around the Busan Coast Guard’s Busan Coast Guard’s 112 report, G notified the right to appoint a defense counsel in order to arrest the Defendant as an offender in the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act.

Defendant continued to set up the knee of the Defendant’s left knee, kneeing the Defendant’s knee with the Defendant’s h’s left knee, as the h’s knee, to restrain the Defendant’s assault.

As a result, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, I, G, and H;

1. Application of Acts and subordinate statutes to investigation reports (such as attaching photographs), damaged photographs, etc., and written diagnosis of injury;

1. Relevant legal provisions concerning facts constituting an offense, Article 298 of the Criminal Act that prescribes the punishment, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties) of the same Act;

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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles’ Sex Protection.