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(영문) 서울중앙지방법원 2017.03.10 2016고단9247
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, the charge of coercion is not guilty. It is not guilty in this judgment.

Reasons

Punishment of the crime

[criminal records] On January 10, 2014, the Defendant was sentenced to one year of imprisonment with prison labor by obstructing business operations at the Seoul Central District Court, and completed the execution of the sentence in the Ansan Prison on August 6, 2014.

[2] The Defendant, at around 00:01 on December 11, 201, 201, went to a police box located in Gangnam-gu Seoul Metropolitan Government, and went to the above police box with E for the purpose of reporting the damage caused by forced indecent act under the preceding paragraph. The Defendant expressed a desire to receive an identification card from F, a police officer working at the place, and obstructed the police officer’s legitimate performance of duties concerning the receipt of a report by him/her one time on the hand.

Summary of Evidence

1. Statement by the defendant in court;

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

1. CCTV images;

1. Previous convictions: Inquiries into criminal records and criminal investigation records, reporting on criminal investigations (formers and attachment of judgments), and application of Acts and subordinate statutes to report criminal investigations (applicable to requirements for repeated crimes);

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [type of determination] : (a) interfere with the performance of official duties; (b) Category 1 (Interference with and Compelling of the performance of official duties); (c) mitigated factors (in the case of insignificant degree of violence, intimidation, and above-mentioned guidance), [decision on the sphere of recommendation] mitigated areas (decision on the recommended areas] [decision on the scope of recommendation] January or August / [decision on the punishment] in addition to the above sentencing factors in August / [decision on the scope of punishment], the act committed by a police officer in the course of performing official duties and at the time of her breath, and the nature of the crime is poor; (c) the defendant committed the crime of this case 23 times before and after the crime of this case until now (23 times before and after the punishment of this case; and (d) before and after the execution of official duties); and (d) the defendant again committed the crime of this case during the period of the same repeated crime, taking into account the defendant's age, family environment, and circumstances before and after the trial.

The acquittal portion

1. On December 10, 2016, the Defendant is around 23:50.

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