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(영문) 서울남부지방법원 2017.10.25 2017고단3673
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 20, 2017, the Defendant forced indecent act committed an indecent act by force, following the fact that he was informed D in front of Gangseo-gu Seoul, Gangseo-gu, Seoul, that he was born to D, and that he was informed of D from the said D and the victim E (V, 32 years of age) who was committed the said act, committed an indecent act by force by force.

2. Around March 20, 2017, the Defendant: (a) committed an indecent act against E in the front of Gangseo-gu Seoul Metropolitan Government on the street, as described in paragraph (1) above, and (b) committed assault against the victim’s chest on the floor by putting the victim’s chest over the upper floor.

3. On March 20, 2017, the Defendant: (a) voluntarily accompanied the said forced indecent act and assault charges to G branch office of the Seoul Gangnam Police Station G branch; (b) Hashed the said police station’s position where he was under the influence of alcohol and prevented her from doing so; (c) Hashed the said police station’s position, Hashed the said police station’s Hashed Hashed Hashed Ha, Hashed Hashed Hashed Ha, Hashed Hashed Ha and Had Had Had Had Had Had Had Had Ha

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to investigation reports (related to CCTV video data that obstructs the performance of public duties);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act (the point of assault), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor;

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 Punishment, etc. of Sexual Crimes against the Order to Provide community service and attend lectures;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crime: The basic area of the crime of indecent act by force [types] and the crime of indecent act by force (subject to more than 13 years of age) is not a person committing a general indecent act by force (type 1) [the territory of recommendation and the scope of punishment];

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