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(영문) 서울남부지방법원 2018.04.18 2017고단5887
강제추행등
Text

A defendant shall be punished by imprisonment for six 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 16, 2017, the Defendant forced indecent conduct committed an indecent act on the following side of a D bank located in Geumcheon-gu Seoul Metropolitan Government, in front of the parking lot, and committed an indecent act on the part of his/her own son, with his/her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

2. The Defendant interfered with the performance of official duties on the same day, within the patrol vehicle operating the Geumcheon-gu Seoul Sincheon Police Station in order to hand over the Defendant’s personal illness arrested as a flagrant offender to the Seoul Geumcheon Police Station on the same day, the Defendant interfered with the operation of the patrol vehicle by taking a bath to a police officer operating the said patrol vehicle, and by raising the partitions of the patrol vehicle, obstructed the operation of the patrol vehicle, etc., and prevented the operation of the patrol vehicle by cutting off the partitions, etc., and the Defendant was assaulted once by the face of the said G G (35 years) belonging to the Seoul Geumcheon Police Station.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the transfer of a flagrant offender.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Application of the respective Acts and subordinate statutes of the E, G and H;

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act (the point of forced indecent act, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties and the choice of imprisonment);

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

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

1. The reasoning for sentencing under Article 62-2 of the Criminal Act, Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, even though the defendant had been sentenced to several fines due to forced indecent acts, assault, obstruction of performance of official duties, etc., again, the victim of forced indecent acts does not want the punishment against the defendant, and the conditions for sentencing under Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, etc., shall be determined as the same as the order.

subject to registration of personal information, which shall be registered.

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