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(영문) 수원지방법원 2016.01.28 2015고단1403
강제추행미수등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On March 14, 2015, the Defendant was forced to commit an indecent act: (a) on the street before the food “C” located in Suwon-si, Suwon-si, Suwon-si; (b) and (c) 100,000 won away from a restaurant; (c) she was demanded by the victim D (here, 33 years old) who left the restaurant to change 100,000 won; and (d) she was refused; (b) she was able to take a bath at the victim’s multiface, and she was under the influence of alcohol by the victim; (c) however, she was refused by the victim and did not proceed to such attempt.

2. The Defendant, at the time and place specified in paragraph 1, committed assaulting the victim D’s neck by breaking the brush to the D as seen above, and assaulting the victim D at one time.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Articles 300, 298, and 260 (1) of the Criminal Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. In light of the former part of Article 37, Article 38(1)2, and Article 50 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, the Defendant is exempt from an order to attend a course or order to complete a program under the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, given that the Defendant is not a foreigner to use the Korean language, etc., and thus, the Defendant is deemed unable to impose

Where a conviction becomes final and conclusive on the criminal facts of forced indecent acts committed in the judgment that is subject to registration and submission of personal information, 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, details and motive of the crime, method of the crime, results and seriousness of the crime, order to disclose personal information, or order to disclose it.

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