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(영문) 울산지방법원 2021.03.25 2020고단3259

강제추행

Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

1. On January 6, 2020, at the main point of "C" located in Ulsan Nam-gu, Ulsan-gu, Seoul-gu, Seoul-do, the Defendant approaches the victim D (one person, half person, and age 23) who was seated alone, and "a male-child Gu" to the victim;

In the same sense, the victim was able to carry with himself and herself, and the victim was able to do so, and the victim was able to write and rh the head of the victim with his/her hand, and the victim was forced to commit an indecent act.

2. After committing the crime of paragraph 1 above, Defendant 1 committed an indecent act by force against the victim by writing and rhying the victim’s hythm with the victim’s hymical hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D (tentative name) and E;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment to C CCTV image data), investigation report (to hear the Fluor's statements from a witness);

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the facts constituting a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. In full view of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, comprehensively taking into account the following factors: (a) the reason for sentencing of the instant crime; (b) the background leading up to the instant crime; (c) the degree of prosecution; (d) the agreement with the victim; (c) the primary offender; (d) the Defendant’s age, environment; and (e) the circumstances after the

Where this judgment becomes final and conclusive on the duty to register and submit personal information, the defendant is a person subject to registration of personal information pursuant to 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 competent agency pursuant to Article 43 of the same Act

The defendant's age, the type of crime, the process of crime, the records of crime, the social benefits expected to be expected by an order of disclosure and notification and an order of restriction on employment, and the effects of the prevention of sexual crimes and the disadvantage of the defendant resulting therefrom.