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(영문) 창원지방법원 2013.06.18 2011고단4171
강제추행미수
Text

A defendant shall be punished by imprisonment for four 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

On October 10, 201, at around 21:55, the Defendant was arrested on the front corridor of the first floor of the elevator of the first floor, the first floor, Jingu, Changwon-si B apartment 201 Dong 3-4, in order to force the victim C (53 years of age, inn) by force. The Defendant spited the victim’s face, spit the victim’s face at one time, and failed to resist the victim’s chest at one time, and attempted to resist the part of the victim’s chest. However, even though the Defendant tried to resist the part of the victim’s chest, the Defendant was arrested to the residents of the apartment where the victim had fled in the direction of the apartment guard room.

Accordingly, the defendant attempted to commit an indecent act by compulsion.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on investigation (satisfing in a satisf);

1. Article 30 of the Criminal Act and Articles 300 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. Where a judgment on a case involving attempted indecent act by compulsion of personal information becomes final and conclusive under Article 62(1) of the Criminal Act (such as the absence of any record of punishment for a criminal defendant for the same kind of crime or punishment, the fact that a criminal act appears to be a contingent crime, and the fact that a crime is committed committed, etc.), the criminal defendant shall be a person subject to registration of personal information pursuant to Articles 32(1) and 2(1)3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obliged to submit personal information to

However, an order for disclosure and notification of registered information needs to be careful in that it may seriously affect the defendant, and in this case, it is determined that there are special circumstances that may not disclose personal information, such as where the registration of personal information alone appears to have an effect to prevent recidivism, etc., and thus, it does not issue an order for disclosure and notification of registered information (the proviso of Article 37(1) and the proviso of Article 41(1)).

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