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(영문) 대구지방법원 서부지원 2019.01.31 2018고합242

준강제추행미수

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a student of a university and the victim B (a student), a student of the same university, and the defendant and the victim are students of the same university.

The Defendant and the victim attended MT hosted from March 17, 2018 to January 2, 2018.

On March 18, 2018, at around 04:00, the Defendant was able to sit in the side of a victim who drinks alcoholic beverages with club members while drinking alcoholic beverages, and was aware that the victim was locked and able to write down her hair, and was able to write down the victim’s hair. The Defendant was able to see the victim’s entrance and drinking, and was placed in the drafting of the victim.

Accordingly, the defendant was aware that the victim was diving and was unable to resist, and tried to commit an indecent act using it, but the victim was broken out in diving and was guilty of attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. Application of Acts and subordinate statutes to each investigation report (No. 8, 10, 14 No. 8, 14)

1. Relevant Articles of the Criminal Act and Articles 300, 299, and 298 of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

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

1. Taking into account the Defendant’s age, occupation, family environment, social ties, criminal punishment, disclosure order, disclosure order, and anticipated side effects of the Defendant’s disadvantage and the prevention of sexual crimes subject to registration that may be achieved as a result of such order, comprehensively taking into account the following factors: (a) an order to disclose or notify the Defendant’s personal information; (b) an order to the public; and (c) an order to punish sexual crimes subject to registration exempt from the employment restriction order; and (d) the Defendant’s age, occupation, family environment; and social relation; (d) an order to disclose or notify the Defendant’s personal information; and (e) the risk of sexual crimes subject to registration.