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(영문) 서울남부지방법원 2015.11.04 2015고단1725
강제추행등
Text

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

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

At around 18:10 on April 8, 2015, the Defendant: (a) reported the victim E (hereinafter referred to as 22 years of age) who was fright in front of the exit of the D Station No. 4 located in Guro-gu Seoul Metropolitan City, Guro-gu, and committed an indecent act by force against the victim, as the Defendant was frightd with the victim’s clothes, with the victim’s mind that she would commit an indecent act against the victim.

around 13:56 on April 21, 2015, the Defendant 2015Hun-Ma2952 found at the Seoul Guro-gu Seoul Police Station G Police Station located in Seoul, Guro-gu, Seoul. At the preceding police station, the Defendant saw the disturbance and raised complaints as to the facts found by violating the Punishment of Minor Offenses Act, and the police officer of the above police station who is on duty paid a fine to H of the police officer who was assigned to the above police station where he was on duty “I or knife B B before snife B was on duty. I or knife knife knife knife knife knife knife knife knife knife knife knif.”

Accordingly, the Defendant interfered with the performance of duties concerning the duty of the police officer on the situation of the police box.

Summary of Evidence

"2015 Highest 1725"

1. Statement by the defendant in court;

1. Each police statement of the victim and J: "2015 Highest 2952";

1. Statement by the defendant in court;

1. Application of the police statement law to H

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. The grounds for sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order [Scope of Recommendation] are the grounds for sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order: Type 1 (Indecent Act by Indecent Act (subject to 13 or more years of age) and the basic area (6-6-2 years of age) of the crime of indecent act by compulsion. [Scope of Recommendation] No second crime of obstruction of performance of official duties [Scope of Recommendation]] that has no basic area (6-1 year and four months of age), the basic area (6-2 years of age) of the crime of obstruction of performance of official duties (the scope of Recommendation Punishment] of multiple aggravated crimes of obstruction of performance of official duties.

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