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(영문) 수원지방법원 성남지원 2016.01.22 2015고단2315
강제추행등
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

(b) Crime history;

1. On September 3, 2015, the Defendant forced indecent act committed an indecent act by force with D, E, and Victim F (Age 65), while drinking alcohol together with D, E, and D, Jung-gu Seoul Special Metropolitan City, Jung-gu, 3* on September 3, 2015, at D’s house, which is located in the 201:15, the Defendant committed an indecent act on the victim’s left side buckbucks, and the victim’s refusal to do so only once more.

2. On September 3, 2015, the Defendant, at around 21:35, 2015, expressed a desire to refuse to present an identification card from the security guards belonging to the G police box called “this time franch, the same franch, the franch, and the fransh, where to which he belongs,” and assault the above H’s back franch part of the back fedbbbbbbbb, the Defendant continued to walk and walk up twice due to the occurrence of the report.

As a result, the Defendant interfered with the legitimate performance of official duties of police officers concerning the 112 reporting processing duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, D, or H;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 298 of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Article 136 of the Criminal Act (the point of obstructing the performance of official duties): Imprisonment with prison labor for each type;

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. Reasons for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation, community service, and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

1. The scope of the recommended punishment for crimes No. 1 (Interference with the performance of official duties) [Scope of the recommended punishment] and the scope of the final sentence due to the aggravation of the punishment for the crimes of indecent act by force (the scope of the recommended punishment for crimes of 13 years or older) (one month or one year and four months), which are the basic area (f.g., interference with the performance of official duties and coercion of duties) of Type No. 1 (f., six months or one year) [f., one year or one year] of the mitigated punishment area (a person subject to special mitigation] of the mitigated punishment area (a person subject to special mitigation] of the mitigated punishment area; the scope of the final sentence due to the aggravation of the aggravated punishment for the crimes of 6 months or one year and ten months;

2. Sentence;

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