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(영문) 서울서부지방법원 2020.02.05 2019고단3604
강제추행등
Text

A defendant shall be punished by imprisonment for four 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

On June 23, 2019, at around 22:55, the Defendant obstructed the police officer C’s legitimate performance of official duties by taking the Defendant’s shoulder of the police officer C, without any justifiable reason, while the police officer C (the age of 40) was able to make a statement separately from the victims of the instant case while he received 112 report on the previous car 2-1 column moving from the Mapo-gu Seoul, Yangcheon-ro 160 and the subway 2’s red transit area to the new village.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report on investigation (to peruse CCTV video recording data in the train prior to the subway 2 lines);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Under the decision of sentence, the sentence shall be rendered in the same manner as the order, taking into account all the sentencing conditions shown in the records, such as the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, and circumstances after the crime.

[Liet circumstances] The portion not guilty that the defendant led to an act of assaulting against the defendant, that there is no record of criminal punishment against the defendant, and that the police officer C who was assaulted wanted to take a prior action against the defendant without any particular reason (negative)

1. The Defendant charged with the facts charged on June 23, 2019, 160, 160, and subway around 22:35.

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