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(영문) 대구지방법원 포항지원 2014.01.23 2013고단1259

강제추행미수

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around September 29, 2013, the Defendant saw alcohol at D’s main points of the “D’s operation,” which is the mother of the victim B (n, 21 years of age) (hereinafter referred to as “D”), and went home to the victim’s home to the seat of the E Dong Office.”

At around 22:00 on September 29, 2013, the Defendant: (a) committed an indecent act on the part of the victim of the “G club” located in Nam-gu, Nam-gu, Seoul; and (b) carried the victim’s losses by hand into the alley.

The Defendant got the arms of the victim and forced the resistance, and attempted to enter the victim as “equitable and kisc kisc 200,000 won kisc kisc kisc kisc kisc,” but the victim escaped.

Accordingly, the defendant tried to commit an indecent act by assaulting the victim, but attempted to commit an attempted act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Relevant provisions of the Criminal Act and Articles 300 and 298 of the Criminal Act concerning the selection of punishment for the crime (Considering the circumstances, such as the agreement with the victim who selected the punishment for a fine and the reflection of the agreement therein);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to registration as stated in Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit his/her personal information to the head of a competent police office pursuant to Article 43

The age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved due to it.