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(영문) 수원지방법원 2017.11.16 2017고단6574
강제추행등
Text

A defendant shall be punished by imprisonment with prison labor for four 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 September 3, 2017, the Defendant forced indecent act committed an indecent act by force on the part of the victim’s right knife with the victim’s knife at the main point of “C” located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, which was located in “C” located above the victim’s D (n, 46 years of age).

2. The Defendant interfered with the performance of official duties, at the same time, at the same time, and at the same place as the above 112-mentioned paragraph 1, sent out by the police box affiliated with the E (F) who was called out after receiving a 112 report, walked the F’s static course once, walked the F’s chest with both hand, and pushed the F’s chest at one time, and had the F’s face.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of D and G;

1. Application of Acts and subordinate statutes on the report of investigation;

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 with prison labor;

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. If a conviction on the crime of indecent act among the crimes in the instant case subject to the registration and submission of personal information under Article 62(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the Defendant is subject to registration of personal information of the relevant agency pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

Since the crime of coercion which caused the registration of personal information and the crime of interference with the execution of official duties that do not fall under such crime are the substantive competition relationship under the former part of Article 37 of the Criminal Code, the punishment is determined in accordance with Article 38 of the Criminal Code.

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