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(영문) 울산지방법원 2017.10.26 2016고단4528

강제추행

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On July 20, 2016, the Defendant: (a) 21:00 on July 20, 2016, the Defendant: (b) Sheed the victim D (the age of 58) who is an employee of the Defendant into his/her own side; (c) Sheed the victim’s chests and a part of the victim’s chests several times by hand; (d) taken the victim’s chests and a part of the victim’s chests to escape from the said area; and (e) took the victim’s fingers of his/her sexual organ, and forced the victim to commit an indecent act by force.

Summary of Evidence

1. Application of Acts and subordinate statutes on police statements made to D, E, and F;

1. Article 298 of the Criminal Act and the choice of punishment for the crime;

1. Notwithstanding Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, an indecent act is very active and does not seem to reflect on the crime, such as deceiving the chest or making the son take her hand over, etc., and there is no normal record that is very poor after the crime is committed by assault, etc., and in a case where a conviction of the defendant against the criminal facts of sexual assault crime subject to registration of personal information becomes final and conclusive, the defendant 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 the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, health condition, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be disclosed.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.