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(영문) 서울중앙지방법원 2013.04.05 2012고단7204

강제추행미수

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 21, 2012, around 21:40 on September 21, 2012, the Defendant discovered the victim D (at 22 years of age) coming from the front side of Seongbuk-gu Seoul apartment complex, attempted to force the victim by force, and attempted to look at the victim's chest by using left hand, but the victim was faced with the victim's shoulder by getting out of his body.

Accordingly, the defendant attempted to commit an indecent act by compulsion.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Application of D’s written statements and statute governing the written complaint;

1. Relevant Articles of the Criminal Act and Articles 300 and 298 of the Criminal Act concerning the crimes;

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

1. The guilty under Article 334 (1) of the Criminal Procedure Act and the grounds for sentencing;

1. The evidence presented prior to the conviction and the following circumstances revealed in the arguments of this case. In other words, the victim discovered the victim who was walking in the part where the victim was the victim and walked to the victim, and started to raise the victim's breast height to the victim's chest. The victim was consistently stated by the investigative agency to the effect that the defendant's hand was in contact with the victim's left shoulder by avoiding the victim's body, and the defendant's hand was in contact with the victim's chest at the time of the crime. The defendant did not present any reason to obtain the victim's chest height at the time of the crime. The defendant did not suggest that he was able to obtain the victim's breast height, the defendant who was faced with the victim immediately after the crime was committed, and the victim escaped from the defendant, and the contents of the victim's statement or court's attitude, etc., the above criminal facts are sufficiently recognized.

2. The defendant and his defense counsel asserts to the purport that the defendant was in a state of mental disorder or mental disability, such as the defendant under the influence of alcohol at the time of committing the crime in this case.