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(영문) 청주지방법원 영동지원 2017.03.16 2016고단206
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

Punishment of the crime

The defendant and the victim B (n, 84 years old) are living in adjoining areas.

On November 11, 2016, at around 16:30 on November 11, 2016, the Defendant was seated next to the victim at the house of the victim in the Chungcheongnamcheon-gun, Chungcheongbuk-gun, and displayed the victim's photo, sexual intercourse photographs, etc. stored in his/her mobile phone, and was drinking the victim with the mind that he/she would compel the victim to commit an indecent act by force. "I am only once."

“In doing so, I tried to put the left hand into the part of the damaged, and try to keep the sound, but the victim did not commit an indecent act against the victim on the wind that the Defendant’s hand gets out of the house while playing.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Article 300 of the Criminal Act and Articles 298 of the Criminal Act and the choice of fines concerning the crime;

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

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

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

5. Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse (this system does not have any record of punishment for sexual assault crimes, and thus, there is a risk of recidivism or recidivism of sexual assault as the defendant has no record of punishment for sexual assault crimes.

It is difficult to conclude that in this case, only the registration of personal information and the completion of a sexual assault treatment program can prevent the defendant from repeating the crime to a certain extent.

In full view of the Defendant’s age, sexual conduct, background and process of the instant crime, benefits and preventive effects expected by the instant disclosure or notification order, and comparison of disadvantages and side effects resulting therefrom, there are special circumstances where disclosure of personal information should not be disclosed to the Defendant.

The decision is judged.

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