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(영문) 서울북부지방법원 2016.08.18 2016고단922
강제추행미수등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2015, at around 22:00, the Defendant: (a) had a victim C (V, 26 years of age) who was on different tables while drinking and drinking together with drinking and drinking together; (b) had a victim C (V, 26 years of age) who was on different tables; and (c) on July 12, 2015, the Defendant: (a) had the victim who was able to drink and return home, and (b) had him/her embarked on his/her D 5 vehicle on the following day.

1. On July 12, 2015, around 06:30 on July 12, 2015, the Defendant attempted to take the arms of the victim himself/herself and to take the arms of the victim while communicating with the victim who was on board, and even though the victim clearly expressed his/her intention of refusal, he/she attempted to take the arms of the victim and kis over three times, but the victim refused to take the arms and attempted to take them in the future.

2. The Defendant embezzled, at the date and time, at a place specified in the above paragraph 1, the victim was placed and embezzled by discovering one cell phone (opon 6) of the victim’s market price at an amount equivalent to KRW 800,000 among the victims, without taking necessary measures, such as returning the fact to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant legal provisions concerning criminal facts, Articles 300 and 298 of the Criminal Act (the attempted indecent act by force) concerning the choice of punishment, Article 360 (1) of the Criminal Act (the point of embezzlement of deserted articles in possession), and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant’s age, occupation, family environment, and society).

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