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(영문) 의정부지방법원 2017.05.26 2017고단1098

강제추행등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Compulsory indecent act (2017 high group 1098) around 00:50 on March 2, 2017, the Defendant: (a) on the part of the Defendant, on the part of the Defendant, on the part of the Defendant, on the part of the Defendant: (b) on the part of the Defendant, on the part of the Defendant, on the part of the Defendant, on the part of the Defendant, on the part of the Defendant, on the part of the Defendant, on the part of the Defendant who was an acting driver at Hoyang-dong, Seoyang-dong, Seoyang-dong, Seoyang-dong, 56 years old; and (c) on the part

2. The Defendant interfered with the performance of official duties (2017 senior order 1338) committed assault, such as, on March 2, 2017, the Defendant, at around 01:56, at a police box of the Namyang-ju Police Station, to voluntarily accompany the Defendant for a case, such as an act of assault, etc., and attempted to investigate the circumstances, etc. of the case against the Defendant by voluntarily accompanying the said police box to G with his assistant belonging to the said police box, who took a sudden bath, and tried to get off the said G on behalf of a person who was in the police box

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

Summary of Evidence

[2017 Highest 1098]

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A report on investigation (verification of vehicle number) (2017 altitude 1338);

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes to the cutting of CCTV screen of a police box;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the First Crimes (Interference with the Execution of Official Duties) [Scope of Recommendation] No. 1 (Interference with the Execution of Official Duties) in the basic area (from June to January 1) [the scope of recommended punishment] [the scope of recommended punishment] of the crime of indecent act committed against the General Standard / [13 months to one year] in the mitigated area (the general indecent act committed against the general person] [the person subject to special mitigation] [the scope of punishment] in the mitigated area (one month from January to one year] in the mitigated area (the final sentence due to the aggravation of punishment against the non-permanent multiple crimes: six months to two years [Pronouncement Decision] in the instant case.