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(영문) 서울서부지방법원 2014.12.17 2014고단2956
강제추행미수
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is the friendship C of male-friendly arrest of the victim B (n't, 29 years of age).

Around 23:00 on August 1, 2014, the Defendant: (a) parked a D golf car owned by the Defendant and talked with the victim; (b) attempted to raise the victim by forcibly cutting the shoulder of the female, but (c) did not go against the wind of the victim, such as the victim’s leaving the face, and making the victim unfolded.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

1. Relevant Articles 300 and 298 of the Criminal Act concerning facts constituting an offense and Articles 300 and 298 of the Criminal Act;

1. Article 25 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of attempted crimes;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the crime of this case is committed in the attempted crime, the defendant is the primary offender, the defendant's age, character and conduct, family environment, motive and method of the crime, circumstances after the crime, etc. shall be considered in light of all the conditions of sentencing as ordered.

If a conviction on a crime subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration, the accused is a person subject to registration of personal information under 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

The defendant's age, occupation, risk of recidivism, motive of the crime of this case, method of crime, seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, the preventive effect of the sexual crime subject to registration which can be achieved due to such order, and the effect of protecting the victim.

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