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(영문) 서울남부지방법원 2016.01.22 2015고단5081
강제추행미수
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

around 23:40 on October 201, 2015, the Defendant drinked the victim E (the 25-year old age) at the front line of D elementary school located in Yeongdeungpo-gu Seoul Metropolitan Government, with a view to forcing the victim to commit an indecent act, and made the victim’s body unable to resist with his/her hand, and attempted to commit an indecent act by deceiving the victim’s body. However, the Defendant failed to commit an attempted act with the wind that the victim spawns the suspect’s hand and seriously sound.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes to photographs (within F convenience points), a suspect card statement on the day of the incident, and a flicker for victim face;

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

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

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

1. In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects that the Defendant may suffer due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., there are special circumstances in which the disclosure of personal information may not be notified 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 of Children and Juveniles against Sexual Abuse

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

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information, the accused shall be punished, etc. of sexual crimes.

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