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(영문) 대구지방법원 서부지원 2018.06.19 2017고단2167
강제추행미수
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 21, 2017, at around 02:10, the Defendant requested the victim to “E” at the main point of “E” operated by the victim D (n, B, 38 years of age) located in Seogu Daegu-gu, Daegu-gu, for “one defect” several times, but was rejected from the victim.

After that, the Defendant calculated the drinking value and tried to have the victim forcedly suffer from the victim's hand by reporting that the victim was followed by a thring for eroth, while the Defendant had the above main point, and attempted to have the victim go by hand. However, the Defendant did not come to an attempted attempt by taking the back, walking, and sound in diameter.

Summary of Evidence

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

1. Statement made by the police against D;

1. Application of the Act and subordinate statutes governing the details of processing reported case 112;

1. Relevant Article of the Criminal Act and Articles 300 and 298 of the Criminal Act concerning the crime and the selection of fines (including the fact that the defendant has committed a crime against his/her own mistake in this court and that the victim does not want the punishment against the defendant)

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes a person subject to registration of personal information under the main sentence of 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 defendant's age, occupation, and risk of repeating a crime (the defendant is likely to repeat a crime of general sexual crime) exempted from disclosure and notification orders.

It is difficult to readily conclude that the registration of personal information and the completion of sexual assault treatment programs can only result in the prevention of recidivism. This is due to the type, motive, process, disclosure order, or notification order of the instant crime.

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