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(영문) 광주지방법원 목포지원 2015.04.23 2015고합20
강제추행미수등
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A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

At around 18:20 on August 20, 2014, the Defendant: (a) went back to the victim D (man, 31 years of age); (b) on the first floor, 1-2 Ra of Simpo C Apartment, 1-2, 31, the victim D’s women E (man, 4 years of age); and (c) went back to the elevator by getting out of the gate, and (d) went back to the elevator, and (c) the Defendant met the victim’s own sexual organ with his hand, and (d) said that “the thickness to see” was “the thickness to see”, while going to the victim D, the Defendant did not turn back to the body of the victim D, but did not look back to the wind with the victim’s own sexual organ, and did not look back to the victim’s finger, and did not look back to the victim’s finger with the victim’s own finger hand, but did not come to the part of the victim E.

As a result, the Defendant attempted to commit an indecent act by force against the victim D, but failed to achieve that intent, and attempted to commit an indecent act by force against the victim E under the age of 13, but failed to achieve that intent.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police officer;

1. A complaint filed in D;

1. Application of Acts and subordinate statutes to one CD-recordd CCTV records;

1. Relevant legal provisions concerning criminal facts, Articles 300 and 298 of the Criminal Act on the selection of punishment, Articles 15 and 7 (3) (the occupation of attempted indecent acts by compulsion of minors under the age of 13) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the choice of imprisonment with labor;

1. Statutory mitigation under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

1. Of concurrent crimes, an aggravated punishment as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (an aggravated punishment for concurrent crimes resulting from a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (13 years of age or less)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation under Article 62-2 of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. An order of disclosure; and

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