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(영문) 창원지방법원 통영지원 2017.03.28 2017고단1
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 December 15, 2016, the Defendant forced indecent act: (a) around 19:55 on December 15, 2016, at the singing room operated by the victim C (the 55-year old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-

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

2. On December 15, 2016, the Defendant: (a) expressed that he was asked to return home from the police officer E who belongs to the police officer of the Tong-gu Police Station D District of the Tong-gu Police Station after receiving a report from 112 on December 15, 2016 at the above singing room; (b) stated that the above E “scopty fe, scopbling,” and e-mailed with his hand and body, and took the face of E.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made to C and F;

1. E statements;

1. A criminal investigation report (Attachment, etc. of photographs), investigation report (a photograph by cutting off the G sing CCTV images and attaching CDs);

1. Application of Acts and subordinate statutes to one CCTV CD;

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, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with heavier punishment)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the accused shall be included therein);

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