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(영문) 대전지방법원 2020.10.29 2020고단3207

준강제추행미수

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 03:00 on May 25, 2020, the Defendant thought that the victim D (here, 19 years of age), who is the same department as the university of Busan Shipping Daegu Briart C, was divingd. On his hand, the Defendant exceeded the clothes of the victim, her chestd the victim, her chestd, her panty, and her panty, her the victim was frighted, and she tried to return the body of the victim to the defendant, she was placed, she was placed, she was frighted, she was her shouldered, her second hand, and she tried to her body.

At the time, the victim was shouldered, but the person did not control the defendant's act in the situation at the time.

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, so the defendant was attempted.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the police interrogation protocol of the accused;

1. The written statement of statement made to D by the police branch, the Kakaootoo photographs of D;

1. Application of Acts and subordinate statutes to report on the occurrence of a crime, investigation report (the statement of a witness, the attachment of text messages to photographs, the change of the name of the crime), and investigation report (to hear the victim'

1. Relevant Article of the Criminal Act and Articles 300, 299, and 298 of the Criminal Act concerning the choice of punishment;

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

1. Article 2 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the nature of the crime is bad in light of the background of the crime in this case, the method of indecent act, the commission of indecent act, the relationship between the defendant and the victim

The victim has suffered considerable mental impulse and pain due to the defendant's crime.