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(영문) 광주지방법원 목포지원 2015.03.26 2014고합223
강제추행미수등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On October 21, 2014, the Defendant attempted to commit indecent act by compulsion: (a) walked on the street near the D Driving Schools Dental located in Sinpo City C on October 201, 2014; (b) followed by the victim E (nive, 40 years of age) the victim E (nive, e.g., the victim’s own arms over the shoulder of the victim; and (c) the victim’s chest was able to resist the victim’s chest with both descendants; (d) however, the victim did not seem to have the wind that the Defendant’s hand over.

Accordingly, the defendant tried to commit an indecent act by force against the victim, but did not commit it but did not commit an attempted act.

2. Around October 21, 2014, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by force) was able to walk the path on the street near the Fmatet Ba in a wooden season at the time of a wooden season at around October 21, 2014 to the victim G (the age of 15). The victim was able to get off the shoulder, and the victim was able to get off the shoulder, and the victim was able to get off the shoulder, and was able to get off the shoulder, but the victim was not able to get off the shoulder, and was not able to get off the damage.

As a result, the defendant tried to commit an indecent act against a child or juvenile victim, but did not commit such an act but did not commit an attempted act.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. E police statement;

1. G statements;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning criminal facts, Articles 300 and 298 of the Criminal Act on the selection of punishment, Article 7 (6) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the selection of fines;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the punishment);

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

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

1. Order to complete a program;

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