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(영문) 서울북부지방법원 2017.03.23 2017고단108
강제추행미수
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 17, 2016, at around 01:40 on August 17, 2016, the Defendant attempted to commit an indecent act by force against the victim, on the part of the husband of the victim, who was faced with face in order to kisk, with the victim D (nick, 35 years of age) and the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

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 full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The Defendant asserts that the Defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of the instant crime.

In light of various circumstances, such as the background and means of the crime committed by each of the above evidence, the details of the crime, and the Defendant’s act before and after the crime, it is difficult to deem that the Defendant had no or weak ability to discern things at the time of the crime in this case.

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