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(영문) 서울서부지방법원 2014.08.20 2014고단1680
강제추행등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, at around 08:00 on June 28, 2014, committed indecent act by compulsion, the Defendant: (a) opened a “D” shop located in Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) opened on the side of the victim E (the age of 29) who was seated and heard music; (c) opened on the left side of the female; and (d) opened out of the said club on the same day on the same day; and (d) buckbucks and bucks of the female, which were forced to commit indecent act by force.

2. When the victim mentioned in the above paragraph (1) at the time, time, and place mentioned in the above paragraph (1) stated that the victim is “dives” against the victim, the victim’s face was taken by hand outside the above club on the same day, and around 08:17 on the same day.

Accordingly, the defendant assaulted the victim.

3. On June 28, 2014, around 08:33, the Defendant was arrested from the slope G belonging to the Yongsan Police Station, who was called out after receiving a report of 112 due to the criminal facts set forth in the above paragraphs (1) and (2), and was arrested as a flagrant offender for the criminal facts set forth in the above paragraphs (1) and (2), the Defendant carried the chest of the said police officer in good hands and escaped.

4. On June 28, 2014, around 08:35, the Defendant fleded as the above paragraph (3) and was arrested as a flagrant offender with respect to the crime under the above paragraphs (1), (2), and (3) from the slopeG affiliated with the Seoul Yongsan Police Station, 10-ro, Yongsan-gu, Yongsan-gu, Seoul, as well as the face of the police officer at around 08:40.

Accordingly, the defendant assaulted a police officer to interfere with the legitimate execution of duties concerning the arrest of a flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statements of G, H and E;

1. Each report on internal investigation:

1. Application of Acts and subordinate statutes to report investigation results;

1. Articles 298, 136 (1), 145 (1), and 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant's crime of this case is not very good.

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