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(영문) 부산지방법원 2019.05.08 2019고단1085
강제추행등
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On March 18, 2019, the Defendant, while under the influence of alcohol at around 07:45, the Defendant: (a) opened a front door of the D-si Hospital located in the Busan Dong-gu, Busan; and (b) called a tobacco to the taxi article by boarding the taxi at that place; (c) however, the Defendant: (a) went beyond the back seat where the victim E (the 18-year-old-old-old-age-old-age-old-age-old-age-old-her-her-her-car was seated; (d) there was no tobacco in the taxi article; and (d)

Therefore, the victim did not have tobacco, and the defendant tried to raise the victim's face in front of the defendant's face by putting the shoulder and head of the victim's shoulder in his hand with the mind that the victim would commit an indecent act in a timely manner.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the time and place specified in the foregoing paragraph (1), and driven a 5-meter cab without obtaining a driver’s license.

3. On March 18, 2019, at around 07:55, the Defendant was arrested as a flagrant offender committing a crime specified in paragraphs (1) and (2) by the security guards G, etc. of the police box at the place specified in paragraph (1), and committed assault, such as: (a) on the same day, the Defendant was on board the front seat of the patrol police box with the police officer H and the police officer I belonging to the said police box; (b) was escorted to the Busan Heavy Police Station at the center of Jung-gu, Busan; and (c) was escorted to the Busan Heavy Police Station at around 09:45 on the same day.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officials in flagrant crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to J, E, and I;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to photographs of damaged parts, each patrol boom scambling images, and to photographic images;

1. Article 298 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 152 of the Road Traffic Act concerning the crime.

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