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(영문) 인천지방법원 2019.05.09 2019고단918
준강제추행미수
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is a person who drives a taxi for business use.

On December 15, 2018, around 03:00 on December 15, 2018, the Defendant thought that the victim D (one's name, half's age, 40) boarding the back seat of the head seat of the taxi for business use of the Defendant C, knee of the victim, knee of the victim, and knebbbbbbbs and knbbbbbs and knbs.

However, the victim got knee by the defendant, and knee, broken down in a net diving, but continued to be locked.

Accordingly, the defendant knew that the victim was in a state of mental disorder and tried to commit an indecent act against the victim by using it, but he was faced with the victim's diving, so he did not commit an attempted act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning D;

1. Application of Acts and subordinate statutes of D;

1. Article 300, 299, 298, or 27 of the Criminal Act applicable to the crimes and Articles 300, 299, and 27 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Where a conviction becomes final and conclusive in the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to the competent agency as prescribed in

Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be comprehensively taken into account the Defendant’s age, occupation, risk of recidivism, motive for and method of the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc.

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