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(영문) 의정부지방법원 2016.01.21 2015고합274
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On June 13, 2015, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) committed against the victim E (V, 17 years of age) who was under the influence of alcohol on the front side of the “D” in the Gu-Si of Jung-si on June 13, 2015, while the Defendant was under the influence of alcohol.

“The victim’s chest was asked as “,” and the victim’s chest was forced to commit an indecent act by force, as the victim’s chest was sealed once.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

2. On June 13, 2015, the Defendant interfered with the performance of official duties, at around 21:00, at the same place as the foregoing paragraph (1) of the same Article, continued to deal with the above E, while serving as a patrol force belonging to the F police station of the Jung-gu Government Police Station who called out to the site after receiving a report from E and a person, and a patrolman H, who listens to the statement about the report against the above E, etc., and the G controlled the Defendant, and the G controlled the Defendant, “Y Y Y Y Y Y, not,”

왜 저년들 편만 들어 개새끼들 아 ”라고 욕설하며 손바닥으로 G의 뒷목을 1회 강하게 내려치고, 계속하여 G 등이 피고인을 현행범으로 체포하려 하자 “ 내가 뭘 잘못했는데 경찰관 너희 놈들 저년들 이랑 짜고 죄 없는 사람 잡아가려고 하느냐,

C. The fluent gux expressed “Incom, D, with the mind of mind,” and assaulted two police officers, including G, with two hand, by putting two clothes.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, I, and G;

1. Investigation reports (verification of on-site situations, etc.);

1. Application of Acts and subordinate statutes to photographs of victimized police officers;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing the performance of official duties in cases of forced indecent acts)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (intersections of obstructing the performance of official duties: Punishment stipulated by the obstruction of the performance of official duties against heavier Gs).

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