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(영문) 서울서부지방법원 2018.04.24 2017고정1587
강제추행미수
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Criminal facts

On October 1, 2017, around 17:15, the Defendant attempted to leave the victim E (Woo, 32 years of age) who had attempted to work in front of the Seoul Mapo-gu Seoul and the first floor D restaurant, and attempted to look back the victim’s chest by extending the hand, but the Defendant did not go through the wind to avoid the back of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (F telephone conversations for witnesses);

1. Relevant legal provisions and the choice of punishment for a crime: Articles 300 and 298 of the Criminal Act;

1. Attempted mitigation: Article 25 (2) and Article 55 (1) 6 of the Criminal Act;

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

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

1. Provisional payment order: Where a conviction is finalized on the facts constituting a crime on which the personal information of Article 334(1) of the Criminal Procedure Act is to be registered and to be submitted, the defendant is 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 the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In light of the contents, methods, and details of each of the crimes in this case, the accused’s criminal records, disclosure order or notification order, the degree and expected side effects of the accused’s disadvantage due to the order, the preventive effect of sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., there are special circumstances in which the disclosure of personal information may not be disclosed pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, it is not ordered to disclose or notify the defendant.

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