beta
(영문) 춘천지방법원 2019.07.09 2019고단50

강제추행등

Text

As to the crime of indecent act by compulsion, the crime of obstruction of business and obstruction of performance of official duties in the judgment of the defendant is four months of imprisonment.

Reasons

Punishment of the crime

[Criminal Power] On September 20, 2018, the Defendant was sentenced to a suspended sentence of four months by imprisonment with prison labor for the crime of causing property damage at the Chuncheon District Court on September 28, 2018, and the judgment became final and conclusive on September 28, 2018.

[2019 Highest 50] On June 23, 2018, the Defendant committed an indecent act by force against the victim D (here, 38 years of age) who makes a mobile phone call on the front side of the "C" located in Chuncheon City B at around 22:01 on June 23, 2018.

[2019 Highest 195]

1. On March 2, 2019, at around 18:00, the Defendant obstructed the victim’s restaurant business by force for about 20 minutes by avoiding disturbance, such as: (a) in the middle restaurant operated by the victim F, the victim F, in Chuncheon-si, the Defendant, who took the influence of alcohol, took a large amount of care of the audience; and (b) taking the Defendant’s signals reported.

2. On March 2, 2019, at around 18:25, the Defendant abused the place indicated in paragraph (1), and at around 112, a slope H belonging to the Chuncheon Police Station G District, which received a report and called 112, solicits the Defendant to leave the restaurant to leave the restaurant. However, the Defendant assaulted the said H’s chest part by hand, such as “Aphhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhn at one time.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases by police officials.

Summary of Evidence

[2019 Highest 50]

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. 112. List of reported cases;

1. Notification of the results of a closure photograph, black stuff image and video appraisal;

1. The defendant's assertion that there was no physical contact shall be accepted because the credibility of the victim's statement supported by video, reply to fact-finding, etc. is recognized.] [The defendant's assertion that there was no physical contact shall be accepted]

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A written statement;

1. Images of a visual closure [before time] criminal records, application of statutes concerning judgment;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

참조조문