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(영문) 청주지방법원 2017.06.07 2017고단177
강제추행등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

1. On September 1, 2016, around 16:20 on September 1, 2016, the Defendant was forced to commit an indecent act: (a) the victim, who was seated next to the victim E (the 29-year-old victim) while drinking alcoholic beverages together with friendly-gu D, singinging-in singing-in, Jcheon-gun B “C” (hereinafter “C”); and (b) the victim’s panty color was bucked and the victim’s bucks down.

2. The injured Defendant committed the crime as described in paragraph 1 at the date, time, place, and 1, and expressed the victim E’s desire to “this year” to the victim with the defect “E” as “this year,” and boomed the victim’s boom with the hand floor when 3 times the victim’s scambling, etc., requiring two weeks of treatment for the victim.

3. When the Defendant: (a) was arrested of a flagrant offender on charges of obstructing the performance of official duties to G during the police box belonging to the Jincheon Police Station F police box, which was called out by Jincheon Police Station F, who was called out after receiving the aforementioned report from D; (b) the Defendant continued to arrest his arms from the above G and H; and (c) was arrested as a current offender interfering with the performance of official duties and was on the patrol vehicle, and was on the patrol vehicle at the time and place as described in paragraph (1).

Accordingly, the Defendant assaulted G and H and interfered with the legitimate execution of duties by police officers on the handling of reported cases and arrest of flagrant offenders.

Summary of Evidence

The application of the defendant's legal statement E, I, H, and G of the victim's face photograph, police arms's body photographic act and subordinate statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 298, 257 (1), and 136 (1) of the Criminal Act concerning the selection of punishment, and Articles 136 (1) of the same Act concerning the selection of punishment, and the choice of imprisonment;

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

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Grounds for sentencing under Article 62-2 of the Criminal Act;

1. Crimes of compulsory indecent acts (subject to 13 or more years of age) in the mitigated area (2 or one year from February to one year) of Class 1 (hereinafter referred to as "crimes of general injury") within the scope of the sentencing guidelines recommended to be sentenced to the sentencing guidelines.

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