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(영문) 인천지방법원 부천지원 2018.03.28 2017고단3063
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. In that the Defendant, on July 23, 2017, committed an indecent act by force, committed an indecent act by force on the part of the victim D (the victim D (the victim 27 years old), who is an employee, in his/her own hands from his/her chest to his/her part, while under the influence of alcohol, he/she committed an indecent act by force on the part of the victim.

2. On July 24, 2017, the Defendant, around 00:10, asked the victim E (at 42 years of age) who is an employee at the place specified in the foregoing paragraph (1) at around 00:10, but refused the request; however, the victim refused the request; however, the victim took plastic chairs toward the victim’s left side, thereby assaulting the victim’s left right side.

3. On July 24, 2017, around 00:20 on July 24, 2017, the Defendant: (a) arrested the Defendant as a current offender, at the place described in paragraph 1 of the above paragraph; (b) upon receiving a report from the Defendant, as described in paragraph 2 of the above paragraph 112, he was assaulted by the Defendant; (c) G (28 tax) a police officer belonging to the F District Unit of the U.S. Police Station in the U.S. East East Eastern District; and (d)

In the theory of "Chewing flachie", the victim's chest was walking from the victim's chest to the victim, and the victim was in need of medical treatment for about 21 days.

As a result, the defendant interfered with the police officer's 112 reporting duties and legitimate performance of duties concerning arrest of flagrant offenders, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, E, and G;

1. A written diagnosis of injury;

1. 112 Ministry of Treatment;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements made by victims D);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense, Article 260 (1) of the Criminal Act (the point of violence), Article 257 (1) of the Criminal Act (the point of injury) and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence 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;

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

1. Order to provide community service and attend lectures under Article 62-2 of the Criminal Act, and special cases concerning the punishment, etc. of sexual crimes.

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