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(영문) 서울동부지방법원 2018.08.03 2018고단1934

준강제추행미수

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal history] On January 13, 2017, the Defendant was sentenced to three months of imprisonment for fraud in support of Suwon Fagwon, and the execution of the sentence was terminated at the Gagsung vocational training institution on March 22, 2017. On June 1, 2018, the Defendant was sentenced to one year of imprisonment for fraud, etc. in support of Suwon Fagwon, and the said judgment became final and conclusive on June 9, 2018.

[2] On November 24, 2017, the Defendant was not able to commit an indecent act against the victim D (the age 22) suffering from the upper clothes in a space where his/her family members were in a funeral hall located in Jung-gu Incheon, Jung-gu, Incheon. Around November 24, 2017, the Defendant was not able to have the victim shouldered with the wind of the body of the victim, while he/she was unsatising the body of the victim to walk up and get off the body of the victim.

Accordingly, the defendant attempted to commit an indecent act against the victim in a state of impossibility of resistance due to diving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (No. 9 times a year);

1. On-site photographs;

1. Previous conviction: Application of a reply, such as inquiry about criminal history, and application of each investigation report (Attachment to judgment) statute;

1. Relevant Article of the Criminal Act and Articles 300, 299, and 298 of the Criminal Act concerning the selection of criminal facts;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Where a conviction becomes final and conclusive with respect to the criminal facts stated in the judgment on the registration of personal information under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which are ordered to disclose or notify, and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant 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 the defendant is a person subject to registration of personal information pursuant to Article 43 of the same Act.