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(영문) 서울서부지방법원 2019.09.05 2019고합176

유사강간미수등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. Around June 23, 2019: (a) around 05:15, the Defendant, while passing the above C along with the victim D (at the entrance of the Seodaemun B building, 25 years of age) who was aware of his/her reputation, was under the influence of alcohol, was able to divide the victim’s shoulder into two hands, and sit the victim into the floor, knee and knee, and put the victim’s shoulder into the victim’s seat.

However, when the victim sees the body and refuses to do so, the defendant tried to commit similar rape after breaking the victim's left side of the victim's hand floor several times, breaking his hair, breaking his face two times, and breaking his face into two times. However, E, etc., which passed the above C, did not go through the wind to restrain it.

Accordingly, the Defendant, by assaulting, did not bring his sexual organ into the mouth of the victim, but did not bring his sexual organ into an attempted crime.

2. Performance of official duties;

가. 피고인은 2019. 6. 23. 07:16경 서울 서대문구 통일로 113에 있는 서대문경찰서 F과 대기실에서, 제1항과 같은 범행으로 현행범인 체포되어 인치된 후 관련 서류를 작성하기 위해 피고인에게 확인서를 제시하던 위 경찰서 소속 경장 G의 얼굴을 발로 수차례 걷어차고, 경사 H의 허벅지를 발로 걷어찼다.

나. 피고인은 2019. 6. 23. 07:43경 서울 서대문구 통일로 113에 있는 서대문경찰서 I과 대기실에서 위 경찰서 내에 있는 경위 J이 관리하는 컴퓨터 등을 손괴하는 것을 제지받았다는 이유로 위 경찰서 K팀 소속 경위 L의 우측 어깨 부위를 발로 3회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the investigation of crimes.

3. Damage to public goods;

A. On June 23, 2019, the Defendant was arrested in flagrant offenders for the crimes referred to in paragraph 1 in Seodaemun Police Station I and waiting room located in 113 as a result of the unification of Seodaemun-gu Seoul, Seodaemun-gu, Seoul.