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(영문) 부산지방법원 동부지원 2017.10.11 2017고단1636
강제추행미수
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On June 4, 2017, the Defendant, at around 17:00, sent a road to C in front of the city of Busan, the Defendant: (a) was under the influence of alcohol, and (b) had the victim D (n, 58 years old) who was aware of the face of the flat face, her personal identity her mixed with the victim; (c) had the victim her mind her by forcing the victim to her, and had the victim her her knife his knife his knife his knife his knife his knife his knife his knife his knife his knife his knife, but the Defendant

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report (Attempted indecent act by force), internal investigation report (attached, etc. to the victim’s welfare card), copy of a welfare card, 112 report processing table, investigation report (victim’s victim D, leisure, 58 years old, and cadastral 3 video recording), victim video recording CDs, stenographic records of the Busan East Sea Organization Center, Busan East Sea Organization records, practical survey records, drug map, on-site photo, investigation report (information security CCTV analysis secured), one CD in cooperation official door and CCTV, CCTV capture, and investigation report (additional secured);

6.4. Application of Acts and subordinate statutes to CCTV for its own purpose, CCTV-cape, CCTV image CDs

1. Relevant Article of the Criminal Act and Articles 300 and 298 of the Criminal Act concerning the selection of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sex Offenses of Children and Juveniles (the fact that the accused has no record of punishment for a sex crime and the characteristics of the instant crime, etc. are likely to repeat a sex crime against the accused in light of the fact that the accused has no record

The fact that it is difficult to readily conclude, the completion of the registration of personal information and the program for sexual assault treatment alone seems to have the effect of preventing recidivism to a certain extent, and the age, family relationship, of the defendant.

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