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(영문) 대구지방법원 서부지원 2019.09.19 2019고합127
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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Defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 17:30 on March 19, 2019, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor indecent act by compulsion under the age of 13) refers to “A victim D (a family name, leisure, age 11) playing together with his/her her fluence in Seo-gu, Daegu-gu, Seo-gu, Seo-gu, Seoul (hereinafter referred to as “the flusium flusium and flusium flusium flusium flusium due to this bad flusium,” and rhum of the victim’s flusium and flusium flusium.

Accordingly, the defendant committed an indecent act against the victim who is a 13-year old minor.

2. 공무집행방해 피고인은 2019. 3. 19. 18:30경 위 장소에서 위와 같이 추행하다가 신고를 받고 출동한 대구서부경찰서 E지구대 소속 경장 F으로부터 사실관계를 확인받고 피해자에게의 접근을 제지당하자 술에 취해 화가 나, 위 F에게 욕설을 하면서 팔을 잡아당기고 “씹할 놈아 맞짱 한번 뜨자!”라고 말하며 주먹으로 위 F의 얼굴 부위를 때릴 듯이 위협하였다.

Accordingly, the defendant interfered with legitimate execution of duties concerning crime prevention and suppression of the above F, which wear police uniforms.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Stenographic records of statements made to victims D;

1. Application of the investigation report (on-site CCTV verification), investigation report (verification of CCTV images for the obstruction of the performance of official duties), investigation report (Attachment of CCTV images) (Attachment of CCTV images) and the Acts and subordinate statutes on CCTV images;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on Criminal Crimes, Article 298 of the Criminal Act (the occupation of a minor under thirteen years of age, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the occupation of obstructing the execution of public duties and the choice of imprisonment);

1. Of concurrent crimes, the aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the foregoing shall apply to the aggravation of concurrent crimes with heavy punishment)

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