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(영문) 서울동부지방법원 2016.03.03 2015고단3761
강제추행미수등
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. On September 5, 2015, the Defendant attempted to forcibly commit an indecent act in a way that the victim D (the 63 years of age) who is an employee who sits in his/her inner knife in the “C coffee shop” located in Gangdong-gu around September 14:45, 2015, was forced to commit an indecent act by exposing his/her own knife his/her knife in his/her inner knife, but was forced to commit an attempted indecent act by the victim while keeping the Defendant’s hand.

2. The Defendant is a police official E, a police official dispatched to the site upon receiving a report at around 112, among the places described in paragraph (1) around 14:56, Sept. 5, 2015, at around 14:56, where the said D is being observed.

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3. The Defendant interfered with the performance of official duties at the time, time, and place specified in paragraph (2) and reported at 112, and sent to the site and asked the Defendant and D about the details of the report. The Defendant assaulted the police officer’s legitimate performance of duties in relation to the control of the crime by “prison” to G in the circumstances belonging to the Seoul Gangseo-dong Police Station F District District of Seoul, Gangnam Police Station, who was working for the Defendant and D.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G, E, and D;

1. Written statements of D;

1. A complaint filed by E;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim D phone);

1. Relevant legal provisions concerning facts constituting an offense, Articles 300, 298, 136 (1), and 311 of the Criminal Act concerning the choice of punishment, 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. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. The sentencing criteria [Scope of Recommendation] The basic area (from June to one year and four months) (the person subject to special sentencing) of the basic area (from June to one year and four months) (the person subject to special sentencing)] of the category 1 (the scope of the punishment shall be limited to the crimes for which the sentencing criteria are set and the sentencing criteria are not set. The crimes for which the sentencing criteria are set and those for which the sentencing criteria are not set.

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