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(영문) 서울서부지방법원 2015.03.12 2014고단2907
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

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. The Defendant, at around 02:50 on May 20, 2014, committed indecent act by compulsion, at the main point of “D” operated by the Defendant C (W, 47 years of age) to the victim’s speech that he would have returned home from the victim, and thus, he saw the victim’s body to take care of the body of the victim, and forced the victim to put the victim’s sexual organ into force.

2. At around 03:10 on the same day, the Defendant obstructed a police officer’s legitimate execution of duties concerning the handling of the instant 112 report by making a 112 report that the customer f, who was on the front of the said main point, had a talk that the horse captain F, who belongs to the Ganyang Police Station E-gu, the Ganyang Police Station, had the Defendant go from C to leave the main point of view, prevented the Defendant from leaving the Defendant, and interfered with the police officer’s lawful execution of duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of C’s written laws and regulations

1. Articles 298 and 136 (1) of the Criminal Act applicable to the relevant criminal facts;

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;

1. Where a conviction on the first crime of a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the registration and submission of personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated

The defendant's age, occupation, risk of recidivism, motive, method of crime, seriousness of crime, order of disclosure or notification of personal information disclosure, disadvantage of the defendant due to the defendant's age, occupation, risk of recidivism, motive, method of crime, seriousness of crime, order of disclosure or notification.

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