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(영문) 인천지방법원 2017.09.26 2017고단6003
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

Punishment of the crime

1. On August 17, 2017, at around 23:45, the Defendant forced indecent act: (a) at the main point operated by the victim D (Woo, 48 years of age) located in Nam-gu Incheon Metropolitan City, the Defendant told the victim that “packs the victim, she may engage in sexual assault”; (b) the victim gets informed of the victim’s body by her hand after her breathing the victim’s breath; and (c) the victim following the victim who moves out of the entrance, she may have sexual assault.” (d) At the same time, the victim’s body became aware of the victim’s body, knee, and kn the victim suffered by her hand, and she walk the hump ma that the victim suffered by her hand.

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

2. On August 18, 2017, at the place indicated in paragraph 1 around 00:15 on August 18, 2017, the Defendant, who interfered with the performance of official duties, was faced with the incident to the E District security guards F, who received a report from 112 and listened to the situation of the case from the victims, etc., and prevented the Defendant, G police officers who control the incident.

In doing the bath theory, G was put to undergo a musta, etc. once due to the death of the autopsy, and G was placed at one time as the defective floor in order for the defendant to be arrested as a current offender.

Accordingly, the Defendant interfered with the police officer's legitimate performance of official duties concerning the handling of the 112 reported case and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, H and G;

1. Photographs photographs and CDs of the CCTV screen at main points;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively;

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. One of the grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a lecture (absort the execution of official duties).

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