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(영문) 인천지방법원 2014.07.24 2014고단4187
공무집행방해등
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 of the final judgment.

Reasons

Punishment of the crime

1. 강제추행 피고인은 2014. 5. 31. 00:05경 인천 서구 D, E 7층에 있는 ‘F’ 복도에서, 퇴근하기 위해 엘리베이터를 기다리던 피해자 G(여, 20세)를 발견하고 그녀에게 "야! 너 일로 와봐!"라고 말하면서 피해자의 왼팔을 잡고 뒤에서 몸을 밀착시켰다.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. At around 00:18 on the same day, the Defendant: (a) discovered the Defendant and sought to listen to the circumstances of the case by the police officer, who was a police officer belonging to the H District District of the Incheon Western Police Station, sent out after receiving a report of the said indecent act by compulsion in front of the above building; (b) took a bath to the above police officer, such as “the kb w w w w w w w w w w w w w w w w w w w w w w w w w k

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G and I;

1. Application of respective Acts and subordinate statutes of J, K and L;

1. Article 298 of the Criminal Act, and Article 136 (1) of the Criminal Act concerning the crime;

1. Selection of each sentence of imprisonment;

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

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. Application of the sentencing criteria;

(a) The basic area of the obstruction of the performance of official duties [the types of crimes] that have no obstruction of the performance of official duties or coercion [the special and general sentencing persons] (the scope of decision and recommendation punishment on the recommended area]: 6 months to 1 year and 4 months;

B. The elements of mitigation of indecent act by compulsion [the type of crime] sexual crime, the crime of indecent act by compulsion, and the general indecent act by compulsion (the type 1 special, general sentencing factors): The area of mitigation of punishment (the scope of the recommended area and the recommended range).

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