beta
(영문) 수원지방법원 평택지원 2018.03.29 2018고단239

강제추행미수등

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

On February 17, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a crime of obstructing the performance of official duties in the Suwon District Court, and on June 28, 2016, the Defendant completed the execution of the sentence at the Suwon Detention House.

1. No person who violates the Emergency Medical Service Act shall interfere with the rescue, transfer, emergency treatment or medical treatment of an emergency patient by persons engaged in emergency medical services by means of violence, intimidation, deceptive scheme, threat or other means, or destroy, damage, or occupy medical facilities, equipment, medicines, or other objects for emergency medical services of a medical institution, etc.;

Nevertheless, on November 5, 2017, at the D Emergency Hospital located in Pyeongtaek-si C, the Defendant complained against the emergency treatment of the victim E (the age of 23) who is a person engaged in emergency medical services at the D Emergency Hospital on November 23:40, 2017, and expressed the victim’s desire to “Ie-path son” to “Ie-path son,” and interfere with emergency treatment and treatment of the victim’s emergency patients by drinking the victim’s hand.

2. At the same time, the Defendant who attempted to commit forced indecent conduct is given an explanation from the victim F (hereinafter referred to as 22 years of age) working with the radiation line at the above DD CT photographing room at the time of the same day, and the Defendant “I am l't we see the chest. I am l't we see. I am t't we am.

It means "A part of the victim's chest is a part of the victim's chest, but the victim had attempted to do so with the wind of the defendant's finger.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of E, F and G;

1. Previous conviction in judgment: An investigation report (the same criminal record and confirmation of a suspect A), and the application of Acts and subordinate statutes concerning personal confinement;

1. Relevant Articles 300 and 298 of the Criminal Act concerning facts constituting an offense, Article 60 (1) 1 and 12 of the Emergency Medical Service Act, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. The reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order are already several times.