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(영문) 서울남부지방법원 2015.10.14 2015고단3332
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On July 18, 2015, the Defendant was under the influence of alcohol on the street No. 655-24, Yangcheon-gu Seoul, Yangcheon-gu, Yangcheon-gu, Seoul, and committed an indecent act by force by force against the victim D (V, 38 years old, and household name) who was under the influence of alcohol.

2. The Defendant: (a) was arrested as a flagrant offender under the suspicion of engaging in indecent acts, such as the foregoing 1. Paragraph (1) and the foregoing 1., and was transferred to the office of the Women Youth Investigation Team at the Yangcheon Police Station in Seoul, Yangcheon-gu, Seoul, the Defendant committed assault by asking the police officer E, who belongs to the Women Youth Investigation Team, to stop the Defendant; (b) the police officer E, who attempted to stop the Defendant; and (c) walked and walked to walk to the right edge.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on sexual assault investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement to D and E;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The sentencing period of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order: The first crime (Obstruction of Performance of Official Duties) on the ground of the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order [Scope of Recommendation] that there is no basic area (6 to 1 year and 4 months) [the scope of recommendations] of the second crime (sexual crime) [the scope of recommendations] on the general basis] on the basis of the mitigated area (1 to 1 year] on the crime of indecent act by force (the general person aged 13 or older) on the basis of the mitigated area (1 to 1 year] on the grounds of the mitigated area of punishment: The degree of the indecent act by force and obstruction of performance of official duties in June to 10 [Determination of Punishment], the defendant's age, character and behavior, circumstances after the crime, previous convictions, etc., and all of the sentencing conditions on the records and arguments

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