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(영문) 울산지방법원 2017.05.18 2017고단468

강제추행

Text

A defendant shall be punished by imprisonment for not less than five 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 December 8, 2016, the Defendant, at the “C” restaurant located in Ulsandong-gu B, Ulsandong-gu, U.S. on December 17, 2016, allowed the victim D (n, 66 years of age) who is the main owner of the restaurant to sit in the table table. On the back of the victim, the Defendant, behind the victim, left the victim in his arms and left the chest in his arms, and forced the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

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

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

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

1. Although Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend the lecture does not relax the degree of indecent conduct on the grounds of sentencing, in cases where a conviction against the accused on the criminal facts stated in the judgment on the sexual crime subject to the registration of personal information is finalized by taking into account the fact that an indecent act on the grounds of sentencing is a crime by drinking, there is no same record, the fact that there is no attitude in this court, and the fact that an agreement has been reached with the victim, etc., 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 the accused is obligated to submit personal information to a related agency pursuant to Article

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.