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(영문) 전주지방법원 2014.02.06 2013고합212
준강제추행
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

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

Reasons

Criminal facts

On November 16, 2013, at around 06:15, the Defendant: (a) taken a high-speed bus in Gwangju Metropolitan City Seoul Metropolitan Area, and 37-1, was seated next seated, and attempted to commit an indecent act on the part of the victim who was able to resist; (b) considered that the victim would have been able to commit an indecent act on the part of the victim who was able to resist; and (c) considered that the victim was able to have been able to do an indecent act on the part of the victim who was able to resist, the Defendant was able to take three times on his/her own on his/her right chest part, and committed indecent act by force.

[Judgment of the court below] The defendant needs to be put on probation while suspending the execution of the sentence, and the electronic tracking device should be attached to confirm the implementation of the rules during the period of probation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The need to attach an electronic tracking device during the period of probation: (1) According to the records, the defendant tried to take the 22-year-old female victims' chests who were locked by the library prior to the crime of this case and the 21-year-old female victims' 21-year-old female victims who were locked in the library, and were punished for the attempted act. Similar to the crime of this case, similar to the crime of this case, the defendant committed an indecent act in the seat bus, the defendant is still pending in the trial in the final appeal court at present; (2) according to the response to the request prior investigation, the defendant appears to have a malicious sexual interest, such as a buck and string, and thus, it is necessary to attach an electronic tracking device to the defendant to check whether he/she has complied with the matters to be observed during the period of probation.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

1. Suspension of execution is Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing).

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