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(영문) 울산지방법원 2018.01.18 2017고단4084

강제추행

Text

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

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

Reasons

Punishment of the crime

On July 10, 2017, around 22:20, the Defendant committed an indecent act by force against the victim E (the 23th, 23 years of age, and Gam) who had fright and drinking in front of the “D week” store in Yangsan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is that the defendant seriously reflects the crime, and the defendant does drinking together while under the influence of alcohol;

In other words, it has contacted with short time and shoulder parts, and the degree of indecent conduct is strong.

In cases where a conviction against a defendant is finalized on the criminal facts indicated in the judgment of a sexual crime subject to the registration of personal information by taking into account the fact that it is difficult to see it and there is no same kind of power, etc., 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 relevant agencies

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.