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(영문) 서울동부지방법원 2017.09.21 2017고합226

추행약취미수

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

around 05:29 on July 19, 2017, the Defendant: (a) committed an indecent act with the intent to commit an indecent act against the Victim F (M, 38 years of age) located at the front of Gangdong-gu Seoul E-ro, Gangdong-gu, Seoul; (b) followed by the victim’s back.

Although the victim's hand preventss the victim from suffering, he/she tried to tow his/her left hand to a stroke parking lot, but the victim saw his/her sound and walked at the port.

As a result, the defendant tried to capture the victim for the purpose of committing an indecent act, but did not bring about such intent and did not commit an attempted act.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. A report on investigation (to hear statements from victims);

1. Application of CCTV images, closure photographs, photographs around the scene, and CCTV-related Acts and subordinate statutes at the scene of crime;

1. Articles 294 and 288 (1) of the Criminal Act relating to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Orders to provide protection and attend lectures or

1. Scope of applicable sentences under law: One year to ten years; and

2. Whether to apply the sentencing criteria: since it is an unregistered crime, the sentencing criteria shall not be applied;

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and three years of suspended sentence;

A. For the purpose of exercising sexual assault, the Defendant, who is disadvantageous to the victim, forced the victim to take a brupt by following the female suffering from the new wall, and forced the victim to take the brupted resistance, and without his/her human resources, went out of the state of his/her state. However, the victim suffered from a considerable mental shock, thereby undergoing a mental health therapy, and suffering from a mental suffering to the degree that it is difficult to go out of the country.

B. Recognizing and opposing the favorable circumstances of the instant crime, the instant crime was committed by paying a certain amount of money to the victim at the latest at the time of the attempted crime and agreed with the victim.

(c) Other.