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A defendant shall be punished by imprisonment for not less than eight 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 April 14, 2018, the Defendant forced indecent act committed an indecent act by force on the part of the victim D (V, 48 years old), an employee of the above restaurant, committed an indecent act by force on the part of the victim, while drinking alcohol in C restaurant located in Hanam-si B around 21:40.
2. On April 14, 2018, the Defendant: (a) was arrested and detained in a flagrant offender for the same reason at the front parking lot of the lower police station located in Sinnam-si, Namnam-si; and (b) was demanded from the slope G belonging to the said F District Zone to leave the patrol car from the said F District Zone; and (c) the said G to the said G to the effect that the Defendant: (a) killed and discarded the internal width; (b) caused the death of the police officer; and (c) she she she she she she she
“Along with the face of the said G, the said G was assaulted by putting the said G’s hand twice, putting the said G into two times, bating the bat and pushing the G’s boat in a double hand.
Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of the above G flagrant offender who is the police officer.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. Written statements of D;
1. Investigation report (to record a video tape H telephone);
1. Application of statutes on site and CCTV photographs;
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, respectively;
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 (The following favorable circumstances):
1. According to Articles 16(2) and 16(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes committed by the Defendant on the grounds of sentencing, when considering the specific details and methods of the crime, such as committing an indecent act against a victim who is an employee at a restaurant under the influence of alcohol, and assaulting a police officer dispatched, the crime’s nature is considerably poor, and the fact that the victim did not receive a letter from the injured party is disadvantageous to
However, the defendant does not have the same criminal records, and each of the above cases.