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(영문) 대구지방법원 포항지원 2016.01.21 2015고단1155
강제추행등
Text

A defendant shall be punished by imprisonment for not more than ten 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 July 5, 2015, the Defendant forced indecent act committed an indecent act: (a) on several occasions, the victim D(C) body seated next to the other party in the Daegu-gu cross-city bus (C) that passed prior to the viewing of the Republic of Korea Dae-dong Woo-dong Woo-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si; (b) on several occasions, the Defendant committed an indecent act by forcing the victim to use the Defendant’s arms on the buckbuck.

2. On July 5, 2015, at around 19:10, the Defendant: (a) sent out after having received 112 reports at the places indicated in paragraph (1) around 19:10; (b) the background leading up to the E District in the Southern Police Station in the Southern Port of the Republic of Korea; and (c) the slope G belonging to the same district forces asked the said police officer to take a drinking, and (d) the Defendant posted the drinking to the said police officer; and (b) from the back seat of the patrol police station arrested as an existing offender and moving to the E area, the Defendant “F expressed a bath, e.g., f., f., e., f., e., f., e., e., e

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers in relation to 112 reporting management affairs, and brought a victim F with a face-to-face boom in need of treatment for about seven days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D (victims Committed by Force) and F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on internal investigation reports (related to attachment of work log, etc.);

1. Article 298 of the Criminal Act, Article 257 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, concerning the facts constituting an offense (the point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a person who has committed a crime of obstructing the performance of official duties against F with heavier punishment);

1. Selection of each sentence of imprisonment;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment heavier than the largest one);

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act, including observation of protection, order to provide community service and attend lectures, and Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. One crime (Interference with the execution of official duties) in the sentencing criteria.

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