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(영문) 부산지방법원 2015.11.12 2015고단4360

강제추행미수

Text

A defendant shall be punished by imprisonment for not less than eight months.

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 worked for the office at the Egllet F store in Jinju-si as the head, and the victim G (V, 33 years of age) as an employee at this place.

On January 24, 2015, the Defendant’s written indictment written at around 23:00 on January 24, 2015 is obvious that “round January 2, 2015” is a clerical error.

In the defendant's measures in the third floor of the above FF store, the defendant drinked the victim with his mind to force indecent acts by force with the victim, exceeded his own panty and panty, and tried to leave the victim's chest by hand with his hand, and tried to get out of the victim's her will by hand. However, the defendant's face was taken by hand, and the defendant's her face was boomed against the defendant's will and attempted to do so.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The prosecutor's statement concerning G;

1. Application of Acts and subordinate statutes to photographs of the body part of the victim;

1. Article 30 of the Criminal Act and Articles 300 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., reflects that there is no force to commit the same kind of crime, and that two million won is deposited for the victim);

1. Where this judgment becomes final and conclusive on the registration of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 personal information to a competent agency under Article 43

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., personal information shall be personal information pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.