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(영문) 서울서부지방법원 2013.11.08 2013고합225
강제추행상해등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

1. On May 15, 2013, the Defendant: (a) discovered that the victim E (here, 19 years of age) is drunk at the entrance of the building at the Mapo-gu Seoul Metropolitan Government DPC bank; (b) committed an indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by compulsion; (c) discovered that the victim E (here, 19 years of age) is under drinking; and (d) committed an indecent act by putting the victim kne on the floor when the victim resisted against the victim; and (d) opened the victim’s kne, kne, left kne, and left ske in the face of the victim by drinking.

2. The Defendant expressed, at around 22:20 on the same day, that he was dispatched to the above place, that “Apherb shall do so, the gue, the head of the Sinpo Police Station F District G (the 41-year-old), who was sent to the above place, would be able to confirm the circumstances of the instant case, the Defendant expressed that “Apherb, who would spherb, spherb spherb spherb spherb spherb spherb spherb spherb spherb spher

Accordingly, the defendant interfered with the legitimate performance of duties by police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E, G, and H;

1. CCTV data at the site of the case;

1. Application of Acts and subordinate statutes of victim E-victim photographs and injury diagnosis reports;

1. Article applicable to criminal facts;

(a) Indecent acts by compulsion: Articles 301 and 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same shall apply)

(b) The point of obstruction of performance of official duties: Article 136 (1) of the Criminal Act.

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Article 50 (Aggravation of Concurrent Punishment of Indecent Act by Indecent Act by Compulsion, to the extent that the punishment is added up the long-term punishment of

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Suspension of execution has been repeated under the favorable circumstances among the reasons for sentencing under Article 62(1) of the Criminal Act.

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