logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.11.25 2016고단4881
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On September 9, 2016, the Defendant: (a) committed indecent act by compulsion on the street in front of a C cafeteria located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul; (b) on September 18, 2016, the Defendant committed an indecent act by compulsion on the part of the victim’s left son, who was under the influence of alcohol, by causing the victim E (V, 32 years of age) to cause the Defendant’s daily happiness F, under the influence of alcohol; and (c) on the part of the Defendant, the Defendant forced the victim to commit an indecent act on two occasions.

2. The Defendant, while being asked questions about the Defendant’s personal information of the Defendant who was seated at the above site from G of the Seoul Yangcheon Police Station D District Unit of the Seoul Yangcheon Police Station as of the date and time, place, and the description of the above paragraph (1), assaulted the Defendant’s left arms of the above G on one occasion with his elbow, and assaulted the said G’s elbow, chest, and urgical legate on one occasion.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Application of the respective Acts and subordinate statutes of H and I

1. Relevant legal provisions concerning the crime, the choice of punishment under Article 298 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend education;

1. Scope of recommended sentences according to the sentencing criteria;

(a) The basic area (6 to 2 years) of the first type of crime (a) (a person who has no special appearance) (a person who has a special appearance) on the basis of the general standard for the crime of indecent act by force (subject to the age of 13 or more);

B. Second Crimes (Obstruction of Performance of Official Duties) (Scope of Recommendation) and Second Crimes (Obstruction of Performance of Official Duties) are the basic sphere (6 to 1 year and 4 months) of the obstruction of performance of official duties.

arrow