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(영문) 인천지방법원 2016.09.28 2016고단4481
준강제추행등
Text

Defendant shall be punished by a fine of 6 million won.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. Quasi forced indecent act Defendant and Victim C (V, 19 years of age) are as between the two parties: (a) the two parties were fluencing and drinking alcohol in a drinking place; and (b) the two parties were aware of the fact.

On June 24, 2016, at around 22:50, the Defendant: (a) reported that the victim was under the influence of alcohol in front of the 'E' restaurant located in Bupyeong-gu Incheon Metropolitan City, the victim was under the influence of alcohol; (b) made the victim’s entrance alcohol; and (c) made the finger part of the chest part by inserting the hand into the inside; and (d) committed an indecent act on the victim by using the state of resistance impossible.

2. The Defendant interferes with the performance of official duties, at the same time, at the same time, and at the same place, the male who is next to the female being drunk, sees clothes.

’ 라는 112 신고를 받고 출동한 인천 삼산 경찰서 F 지구대 소속 경장 G이 신고 내용을 확인하고 피고인을 피해 자로부터 분리시키려고 하자, G에게 “ 이 짭새 새끼들 아, 영장 가져 와, 저리 꺼져 이 짭새 새끼들 아 ”라고 욕설을 하면서 손으로 G의 가슴 부분을 2회 밀치고, 발로 G의 왼쪽 무릎 부분을 걷어차는 등 경찰관의 범죄 예방 및 진압에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to C and G

1. Relevant legal provisions concerning criminal facts, Articles 299 and 298 of the Criminal Act concerning the choice of punishment, Article 136 (1) of the Criminal Act, and Article 136 of the Criminal Act concerning the selection of fines;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is a related agency pursuant to Article 43 of the same Act.

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