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(영문) 부산지방법원 서부지원 2019.11.29 2019고단1605
강제추행등
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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, 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. Around 23:40 on June 1, 2019, the Defendant committed indecent acts by force on several occasions by force, on the part of the victim C (a person, a woman, and 35 years of age) in a singing room operated by the victim C (a person, a woman, and a woman aged 35) who talks with the victim.

2. Around 00:00 on June 2, 2019, the Defendant received 112 reports on the front of the road B in front of the Tong-gu, through the same reasons as described in paragraph (1) and received a voluntary request for the performance of duties from the police officer E and police officer assigned to the Dong-gu Police Station D District Unit E and F.

After that, the Defendant repeated the Defendant’s act of continuing to take the shoulder of the police officers in mobilization, and the Defendant prevented the Defendant’s act, thereby obstructing the police officer’s legitimate execution of duties regarding the handling of the 112 reported case, such as “I am flick, I am flick, I am flick, I am flick, I am flick, and I am flick on two occasions.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C, G, and F;

1. On-site photographs of the location of the victim, the closure of field CCTV, and the application of CD-related Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the aggravation of concurrent crimes with the punishment prescribed for the crime of grave indecent act by compulsion);

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Social service order under Article 62-2 of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2(1) of the Addenda to the Child Welfare Act (Act No. 1589, Dec. 11, 2018); Article 29-3(1) of the Child Welfare Act; Article 2 of Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); Article 59-3(1) of the Act on Welfare of Disabled Persons (Act No. 15904, Dec. 1, 201

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