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(영문) 울산지방법원 2015.07.16 2015고단429

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

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

Reasons

Punishment of the crime

On February 21, 2015, at around 20:30, the Defendant discovered that the victim D (51) is locked in the Nam-gu, Ulsan-gu, Seoul-gu, and the male water surface room, and committed an indecent act against the victim by taking the defendant's bridge back to the victim's leg and taking the victim's leg back to the victim's hand.

Accordingly, the Defendant committed an indecent act against the victim in the private house, which is a place of public secrecy.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes notifying departments 112 reported;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for 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 of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the Defendant was subject to a criminal punishment of a fine of one million won due to quasi-indecent act in 2009, and at the same time, the Defendant committed the instant crime is disadvantageous to the Defendant.

However, the above punishment shall be determined by taking into consideration various sentencing factors indicated in the records, such as the defendant's confession and rebuttal, the fact that the defendant is living together, the mental and medical treatment is being received, the victim does not want the punishment against the defendant, the fact that there is no criminal record over the suspension of execution or more, etc., and other factors that are favorable to the defendant, such as the defendant's age, character and behavior, environment, occupation, the contents and degree

Where a conviction of a defendant is finalized on the criminal facts in the judgment of a sex crime subject to registration and submission of personal information, 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 is obligated to submit personal information to the relevant agency pursuant to

The age, occupation, risk of recidivism, and crime of the defendant exempted from the disclosure order or notification order.