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(영문) 울산지방법원 2014.08.21 2014고단698

준강제추행

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 11, 2014, the Defendant, at around 10:30, 10, 100, Dr. Dr. 3 soup and r.e., soup and soup at the third floor, r.e., soup and soup (19 years old), r.e., the Defendant r., r.e., frying the Defendant’s sexual flag on the back side of the victim’s t.m. and r. the Defendant r.e.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the fact that the victim was in a state of mental disorder.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of penalties;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

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

1. It shall select a fine of considerable amount in consideration of the fact that the defendant has no criminal record of punishment for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the fact that the defendant has committed a mistake in depth, and the illness of the defendant, etc.

Since the risk of recidivism is recognized, the order to complete the sexual assault treatment program is added.

Registration of Personal Information

1. Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be submitted (where a conviction becomes final and conclusive on the basis of an alleged crime);

1. Whether to issue an order to disclose or notify to the public: It shall be determined as above on the grounds of Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which