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(영문) 대구지방법원 안동지원 2018.11.30 2017고단646

강제추행등

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On September 10, 2017, the Defendant committed an indecent act by force, at around 20:50 on September 10, 2017, the victim’s chest, which the victim C (the 53-year old 53-year 53-year 53-year 53-year 53-year 53-year 5-year 2-year 2-year 2-year 2-year 2-year

2. A special assault was committed by the Defendant on the same day at the same place, around 22:55, in order to sell the victim with an empty beer who is a dangerous thing while drinking with the said victim due to the drinking value.

3. Around 23:10 on the same day, the Defendant obstructed the police officer’s legitimate execution of duties in relation to the investigation of the police officer’s crime by assaulting the police officer’s crime by assaulting the police officer’s bridge’s bridge on several occasions, when the police officer of the Ansan Police Station E District of the same police station, who was called out after receiving a report of the above C’s 112 on the same day, demands a presentation of identification card.

Summary of Evidence

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A protocol concerning the examination of suspect of some police officers with regard to H;

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

1. Photographs;

1. Application of Acts and subordinate statutes to report internal investigation (victim C's photographs), and report internal investigation (damage photographs, etc. related to obstructing the performance of official duties);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense, Articles 261 and 260 (1) of the Criminal Act (the occupation of assault to carry dangerous objects) of the Criminal Act, and Article 136 (1) of the Criminal Act (the occupation of obstructing the performance of official duties);

1. Although the ordinary concurrent prosecutor indicted each police officer a crime of obstructing the performance of official duties as a substantive concurrent crime, it seems that the ordinary concurrent crime is in the relationship of the ordinary concurrent crimes in light of the Supreme Court Decision 2009Do3505 Decided June 25, 2009.

Articles 40 and 50 of the Criminal Act (Punishments imposed on the obstruction of the performance of official duties by each other, and by the obstruction of the performance of official duties by each other against F with heavier punishment)

1. Selection of each sentence of imprisonment;

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. Reasons for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The sentencing criteria: