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(영문) 부산지방법원 동부지원 2016.07.13 2016고단435
강제추행미수등
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On March 23, 2016, the Defendant attempted to commit an indecent act by force: (a) around 03:30, at the singing room located in Busan Southern-gu, for the first time, brought the victim E (the victim E (the 23 years old), who was forced to commit an indecent act; and (b) prevented the victim from resisting by taking the two arms by hand; and (c) attempted to go under the victim’s entrance, but the victim did not go through an attempted act by resisting against the victim, such as taking the victim’s head car.

2. In the same time and place, the Defendant inflicted injury on the victim’s left face 4 to 5 times by hand on the victim’s head knife and resisting the victim’s head knife at the same time and place, and the victim’s knife, etc. going beyond the floor, knife, buckbucks, etc. several times, and led the victim to the victim to suffer injury, such as crums and tensions necessary for two weeks’ treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes of the injury diagnosis report, investigation report (as to attachment of photographs on the part of the victim's body), and the body photograph of the victim;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 300, 298, and 257 (1) of the Criminal Act concerning the choice of punishment (the attempted indecent act by force) of the same Act, and Article 257 (1) of the Criminal Act (the choice of fines);

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sex Offenses of Children and Juveniles (the fact that the accused has no record of punishment for a sex crime and the characteristics of the instant crime, etc. are likely to repeat a sex crime against the accused in light of the fact that the accused has no record

It is difficult to conclude, the registration of personal information, and the completion of sexual assault treatment programs can make it possible to prevent recidivism to a certain extent.

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