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(영문) 서울남부지방법원 2018.06.22 2017고단5037
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of imprisonment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, on August 20, 2017, committed an indecent act by force, by force, committed an indecent act on the part of the victim C (M, 57 years of age) who was a ties in front of the parking lot B Geumcheon-gu Seoul Metropolitan Government, and received a separate notice from the victim C (M, 57 years of age), who was in a relationship with the victim.

2. On August 20, 2017, around 21:45, the Defendant obstructed the performance of official duties, at Geumcheon-gu Seoul, arrested the police officers affiliated with the Seoul Geumcheon Police Station D police box, who were dispatched after receiving 112 reports as forced indecent acts and assaults against C in the Geumcheon-gu Seoul Metropolitan Government Nowon-gu, Seoul, as the current criminal.

On August 20, 2017, at around 23:30 on August 20, 2017, the Defendant assaulted the F’s bridge section 2 and 3 times to walk the F’s bridge to the police station in Geumcheon-gu Seoul, Geumcheon-gu, Seoul police station D police station, to transfer the Defendant to the police station. D police stations assigned D police stations, and D police units assigned D police boxes, and D police units assigned the F to “Ig to do so.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective laws and regulations of C and F;

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. An order to attend a lecture and an order to provide community service, Article 62-2 of the Criminal Act, Article 16(2) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be taken into account; however, considering the following factors: (a) the fact that the Defendant’s mistake is against the Defendant; and (b) the victim of a forced indecent act expressed his/her wish not to punish the Defendant; and (c) other all the sentencing conditions indicated in the records, such as the Defendant’s age, sexual behavior, environment, family relationship, circumstances after the commission of the crime, etc., the sentence as ordered is imposed

Criminal facts of forced indecent conduct in judgment, which is a sex offense subject to registration and submission of personal information.

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