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(영문) 의정부지방법원 2019.08.23 2019고단2148

강제추행등

Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

1. On April 15, 2019, from around 19:10 to 21:00, the Defendant, under the influence of indecent act, committed an indecent act by force against the victim, by inserting alcohol at the main point of “C” located in B during the game Yang-si, with the victim D (n, 27 years of age), with the victim’s husband, while drinking together with the victim’s husband, and by under the influence of alcohol, the Defendant committed an indecent act by force against the victim by inserting his hand into the victim’s 3 to 4 chests, and by committing an indecent act by force.

2. The Defendant continued to interfere with the performance of official duties at the time and place specified in paragraph (1), and reported 112 in relation to sexual indecent acts, and sent out to the police station E box of the Yangju Police Station, which was required by F and G to verify personal information, and exercised force by citing her hand as he/she is present at F, and assaulted him/her out of the above main point and G one time by her hand.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases by F and G 112, a police official.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D, F, and G;

1. A H statement;

1. Application of Acts and subordinate statutes to copies of public officials identification;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant committed an indecent act with no good character of the crime against the victim, and it is necessary to impose violence on the police officer dispatched without complying therewith. The first investigation agency denied the crime, and there is the previous conviction of the violent crime.