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(영문) 서울남부지방법원 2020.01.17 2019고단5542
강제추행등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

A. The Defendant committed the following crimes under the status that the Defendant had the ability to discern things or make decisions due to mental illness, such as bipolartic disorder, depression, etc.

1. The Defendant, on January 29, 2019, committed indecent act by compulsion, around 02:58, the Defendant found the victim C (the name, inn, the age of 21) who is expected to have the head on the wall of drunk operation in the elevator of Gangseo-gu Seoul Metropolitan Government*** the elevator of the same 1, and found the victim C (the age of 21) who is expected to have his/her head on the wall of drunk operation, then he/she covered the victim's shoulder with his/her own hand, and put the Defendant's face on the victim's shoulder. Despite the victim's refusal, the Defendant committed indecent act by compulsiond the victim by coercioning the victim's shoulder by force with the victim's hand with his/her own hand.

2. At around 12:30 on March 8, 2019, the Defendant was forced from F, a police officer assigned to the foregoing E agency, who managed the door door in front of the front house of the E agency located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, to refrain from entering the said F, and thereby prevented F from going to the front of the car, which is an object dangerous to the Defendant’s driving, and was charged with a part of F’s studs in front of the car.

By carrying dangerous objects and assault F, the Defendant interfered with legitimate execution of duties concerning the maintenance and protection of order in the E-government office building of the police assigned for special guard.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Each police statement made to C (tentatively named);

1. Investigation report (to hear statements from shots G);

1. Investigation report (including criminal motion pictures and CDs and photographs attached thereto);

1. Application of the Acts and subordinate statutes concerning a crime photograph and CCTV closure details;

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 298 of the Criminal Act, Articles 144 (1) and 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. Article 10 of the Criminal Act for the mitigation of mental illness.

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