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(영문) 대전지방법원 천안지원 2015.05.12 2015고단295
강제추행미수
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the operator of the C cafeteria in Seoan-gu, Seoan-gu, Seoan-gu, and the victim D (V, 54 years old) is the employee of the above cafeteria.

At around 14:00 on December 3, 2014, the Defendant: (a) 507, Seo-gu Etel, Seo-gu, Seocheon-gu, Seocheon-gu, Incheon, and (b) as if there were horses to be made to the above victim; (c) as a matter of course, the Defendant saw the victim’s neck as his hand, and tried to talk with the victim’s chest and kis; (d) however, the Defendant resisted the victim’s chest by resisting the victim’s hand. However, the Defendant did not commit an attempted act by resisting the victim’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Articles of the Criminal Act and Articles 300 and 298 of the Criminal Act concerning the facts constituting a crime.

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of attempted crime and consideration of the fact that there is no same military force);

1. When a conviction on a sex offense subject to registration of personal information is confirmed under Article 62-2 of the Criminal Act, and Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to the head of a competent police office

In light of the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of the protection of the victim, etc., it is determined that there are special circumstances under which personal information shall not be disclosed or notified. As such, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49 of the Act on the Protection of Children and

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