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(영문) 의정부지방법원 2015.11.17 2015고단1818
강제추행미수
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 18:00 on February 20, 2015, the Defendant was on the top of the steering house of D si operated by the victim C (the age of 55) in front of the Heak apartment located in Seoyang-si, Chungcheongnam-si, Namyang-si, and tried to commit an indecent act, such as forcing the victim to commit an indecent act on the part of the victim, while the Defendant was on the top of D si located in Jung-gu, Seoul, Jungyang-gu, Nam-gu, the Defendant was on the exclusive road for the matop tunnel located in the Nam-gu, Namyang-gu, Namyang-si, the Defendant was on the part of the victim, the victim was not on the part of the defendant, and the victim was on the part of the defendant, and the Defendant was on the part of the victim who was strongly refused to do so. However, the Defendant attempted to commit an indecent act on the part of the victim, but did not face any resistance by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements C);

1. Article 30 of the Criminal Act and Articles 300 and 298 of the Criminal Act, the choice of imprisonment for a crime;

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

1. Reasons for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Violence [Scope of Recommendation] General Standard and No basic area (6-2 years from the date of age) (6-2 years from the date of age), the basic area (6-2 years from the date of age) of the crime of indecent act by compulsion. [Determination of sentence] Defendant’s act attempted an indecent act by using the victim’s driving, and the nature of the crime is not good.

As the defendant committed the instant crime under the influence of alcohol, he/she is required to be punished with imprisonment for the reason that it is necessary to punish him/her heavyly. However, the defendant has no same criminal power, and the defendant has a favorable circumstance such as the confession and reflect of all the criminal facts in this court, and the commission of indecent act is about attempted crimes, and the suspended sentence is to be sentenced.

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