Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. 강제추행 피고인은 2014. 3. 14. 23:10경 남양주시 C에 있는 D주유소 앞 횡단보도 앞에서 보행자 신호를 기다리고 있는 피해자 E(여, 20세)을 보고 일행과 “쟤, 데리고 갈까”, “쟤는 너무 어려서 안 돼” 등의 대화를 나누던 중 피해자에게 다가가 손으로 피해자의 등을 쓰다듬어 피해자를 강제로 추행하였다.
2. On March 14, 2014, the Defendant committed assault, such as: (a) around 23:40, the Defendant received a report on the same content as the said paragraph from H(32) and arrived at the said place, upon receiving a demand for voluntary movement from the police officer, a police officer of the Namyang Police Station G police station, who was a police officer of the Namyang Police Station, who was called out after receiving a report on the same content as the said paragraph; and (b) then, (c) the Defendant bucks down the left-hand buckbucks to the right-hand side of H, as he was demanded from H to leave the vehicle at the patrol.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reported duties.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Application of each police protocol of statement to E and H
1. Relevant legal provisions concerning the crime, the choice of punishment under Article 298 of the Criminal Act, Article 136 (1) of the Criminal Act and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Where the degree of indecent act is weak in the first-class and second-class crimes (sexual crimes) without the basic area (6-1-4 months) of the first-class and second-class crimes (the scope of recommending punishment) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the scope of recommending punishment) on the Punishment, etc. of Sexual Crimes, where the degree of indecent act is weak in the first-class and the first-class and the special mitigation area (1-1 year) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the subject of special mitigation) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the scope of recommending punishment): June to October: