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(영문) 서울서부지방법원 2016.04.06 2016고단77
강제추행
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 5,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. On November 1, 2015, Defendant A, while drinking and dancing with “E” located in Yongsan-gu Seoul Metropolitan Government, at around 02:50 on November 1, 2015, Defendant A discovered the victim F (the age 23) who had danced at the place, accessed the her female back, followed Defendant A’s her knife and her knife at hand.

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

2. On November 1, 2015, at the front of “E” in Yongsan-gu Seoul, Yongsan-gu, Seoul around 03:00, the Defendant: (a) reported that a indecent act case, such as the foregoing paragraph 1, occurred; and (b) attempted to arrest A as a current criminal committing an indecent act at the site of the police box affiliated with the Seoul Yongsan-gu Seoul Yongsan Police Station G police box; (c) attempted to arrest B as a current criminal committing an indecent act; (d) took the parts of the above H’s back to two hands for the purpose of obstructing it; and (e) drawn and pushed the body.

As such, the defendant assaulted the above H and obstructed the legitimate execution of duties of police officers with respect to the arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Each police statement made to F and H:

1. Application of the laws and regulations of I and J;

1. Defendant A of the pertinent Article of the Criminal Act concerning the crime: Article 298 of the Criminal Act: Article 136(1) of the Criminal Act;

1. Selection of each fine (the Defendants’ choice of punishment (the confession, reflectivity, the absence of the record of criminal punishment in the Republic of Korea, the drinking seems to result in the instant crime by contingency while drinking, and the Defendant A agreed with the victim, and Defendant B deposited KRW 500,000 for H)

1. Articles 70(1) and 69(2) of the Criminal Act, each of the Defendants’ detention in a workhouse

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to the obligation to submit personal information under Article 334(1) of the Criminal Procedure Act, Defendant A shall obtain personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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