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(영문) 의정부지방법원 2017.10.18 2017고단3834
강제추행미수
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 13, 2017, around 22:43, the Defendant attempted to forcibly commit an indecent act on the part of the victim E (the name, the age of 23) who was coming from the line D of the Seoul Gwangjin-gu Seoul Special Metropolitan City Seoul metropolitan subway No. 2, and the chests of the victim E (the age of 23) who was coming from the line. However, the Defendant did not commit an attempted indecent act on the part of the subway security officers belonging to the Seoul Metropolitan Transportation Corporation by receiving the security control of the subway officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. A written statement;

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

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

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

1. Where a conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 a related agency pursuant

Although exemption from the disclosure order and notification order had the same criminal record, there are special circumstances in which disclosure of personal information may not be notified pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in full view of the following: (a) the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, degree and side effect of disadvantage the Defendant may suffer due to the disclosure order or notification order; (b) the preventive effect and effect of the sexual crime subject to registration that may be achieved; and (c) the protection effect of the victim.

Since it is judged, it is not ordered to disclose or notify the defendant.

The reason for sentencing is the same before and after the two times, and the fact that the injured party has not received an explanatory note from the injured party, and it is an unfavorable circumstance or attempted crime.

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