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Reasons
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(영문) 인천지방법원 2019.10.16 2019고단5009
강제추행등
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 20:00 on June 22, 2019, the Defendant obstructed the victim’s business operation by force by neglecting the victim’s 20 minutes of his/her happiness, such as talking around 20 minutes of his/her happiness, while returning to the “D” located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, which was operated by the victim B (the age of 63).

2. At around 20:20 on June 22, 2019, the Defendant committed an indecent act by compulsion by force by force against the victim E (the victim, 28 years old), following the Defendant, and demanding the Defendant to calculate the victim’s face, without calculating it at the place specified in the foregoing paragraph (1).

3. On June 22, 2019, at around 20:30 on June 22, 2019, the Defendant: (a) asked the police officer to stop temporarily and disclose his/her personal information from G in the circumstances where he/she belongs to the F District of the Incheon Samsan Police Station, which was dispatched after receiving a report of 112; and (b) asked him/her to stop temporarily and disclose his/her personal information. In doing so, the Defendant expressed his/her desire to “the police officer is different, so he/she will do so.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement to B, E, and G

1. Relevant provisions of the Criminal Act and Article 314(1) of the Criminal Act concerning criminal facts, the choice of punishment (Interference with business, the choice of fines), Article 298 of the Criminal Act, and Article 136(1) of the Criminal Act (the occupation of obstructing performance of official duties and the choice of fines);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The order of provisional payment;

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