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(영문) 광주지방법원 목포지원 2014.11.21 2014고단1527
강제추행등
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 of the final judgment.

Reasons

Punishment of the crime

1. 강제추행 피고인은 2014. 10. 11. 02:30경 목포시 C에 있는 D식당 앞 횡단보도에서 보행신호에 따라 횡단보도를 건너던 피해자 E(여, 22세)의 옆으로 다가가 갑자기 한 손으로 피해자에게 팔짱을 끼면서 가슴을 만지고, 재차 피해자의 어깨를 잡고 끌어안아 피해자를 강제로 추행하였다.

2. On October 11, 2014, the Defendant was arrested as a flagrant offender by suspicion of indecent act, etc. to the slope G, etc. belonging to the wooden Police Station F District G, which was dispatched after receiving a report at around 02:40 on October 11, 2014, and was arrested as a flagrant offender due to the charge of indecent act by compulsion, etc., and was born to the lower part of the slope G (34 years of age) with the lower part of the slope G (34 years of age) where he was seated into the F District and was brought into the lower part of the police station, and the Defendant continued to commit assaulting on the part of her head by taking the son and her face with her hand.

Accordingly, the defendant interfered with police officers' legitimate 112 reporting processing and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, G, and I;

1. Written Statement;

1. A criminal investigation report, or a criminal investigation report;

1. Application of Acts and subordinate statutes to photographs of victim G damaged parts;

1. Relevant legal provisions concerning criminal facts, the choice of punishment, Article 298 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment (abstinence of performance of official duties), respectively, (abstinence of the defendant committed a crime under the influence of alcohol, considering the fact that the defendant committed an indecent act against the victim while under the influence of alcohol, and the degree of the obstruction of performance of official duties, etc.;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the recognition of the commission of a crime, the agreement with the victim of an indecent act by compulsion, the deposit of one million won for the victimized police officer, and the absence of any record of criminal punishment);

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

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