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(영문) 서울북부지방법원 2019.07.19 2018고단4701
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[2018 Highest 4701]

1. On October 21, 2018, the Defendant, around 17:15, in order to investigate the case on which the Defendant received a report on an indecent act against a female acting driver in Seongbuk-gu Seoul, Seongbuk-gu, and the Defendant committed assault at one time at the back of the victim’s back head by drinking, by viewing that E, who visited the Defendant’s home, visited the Defendant’s home, was entering the place of residence by his wife’s direction, while taking a bath, stating that “I am out, the police officer must grow up to house, and sing down,” and assaulted the victim’s back head at one time.

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

[2018 Highest 5199]

2. On October 21, 2018, around 15:15, 2018, the Defendant: (a) was aboard the Defendant’s vehicle head that was driven by the Victim F (n, e.g., an agent in the vicinity of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu) and moved to the Defendant’s residential room; and (b) was moving to the Defendant’s residential room.

National Security System. 6 only 30 times

The U.S. forced the victim to commit an indecent act, such as that the victim's chests and the part of the sound will knife at his hand, which he saw as four.

Summary of Evidence

[2018 Highest 4701]

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of the police statement of E;

1. A criminal investigation report (to hear statements from counterparts to the wife of a suspect) (2018 Highest 5199);

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement of the police statement concerning F;

1. A statement prepared by the F;

1. Investigation report (at the time of sending to the site);

1. Investigation report (verification of vehicle black boxes and audio files at the time of occurrence of the case);

1. Report on internal affairs (Analysis of black boxes and images);

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Relevant legal provisions concerning the crime, the choice of punishment, Article 136(1) of the Criminal Act, Article 298 of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Order to complete a program;

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