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(영문) 서울북부지방법원 2013.06.21 2013고단332

강제추행등

Text

A defendant shall be punished by imprisonment for one year.

The prosecution against indecent act by compulsion among the facts charged of this case is dismissed.

Reasons

Punishment of the crime

On June 16, 2010, the Defendant was sentenced to one year of imprisonment with prison labor for obstruction of performance of official duties, etc. by the Seoul Northern District Court, and completed the execution of the above sentence on April 24, 201. On August 12, 2011, the Seoul Northern District Court sentenced the Defendant to one year and six months of imprisonment with prison labor for damage of property, etc. by the Seoul Northern District Court, and completed the execution of the sentence in the Ansan Prison on December 5, 2012.

On January 28, 2013, at around 18:40, the Defendant was sent to the police station after the Dobong-gu Seoul Dobong-gu Office located in Dobong-gu, Dobong-gu, Seoul, and the police officer D and E received 112 reports by the police officer assigned to the Seoul Dobong-gu Seoul Do Police Station C police station C police station.

The Defendant, upon receiving a request from police officers to return home, committed assault, such as spiting off the left side of the above D on one occasion on the patrol vehicle repair (Engine cover), spiting the eggs on the chest side of the above E, spiting it on the chest side of the patrol vehicle (Engine cover), raising drinking to E.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the site.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Statement of the police statement concerning F;

1. 112 Patrols;

1. Cd (Evidence No. 32 pages)

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment of a copy of judgment), personal identification records, and application of Acts and subordinate statutes of one written judgment;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Part on the dismissal of prosecution under Article 35 of the Criminal Act among repeated offenders;

1. On January 16, 2013, the Defendant, at H located in Dobong-gu Seoul Metropolitan Government, committed an indecent act by force on the part of the victim I (the victim I (the 19 years of age), who was an employee of the above marina (the 19 years of age), with intent to force indecent act by force against the victim’s will while drinking beer and beerer at H in Dobong-gu Seoul Metropolitan City.

2. The facts charged in this part of the judgment are crimes falling under Article 298 of the Criminal Act and prosecuted only when the victim's complaint is filed in accordance with Article 306 of the Criminal Act.