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(영문) 울산지방법원 2016.04.07 2015고단3225

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

On August 23, 2015, the Defendant, at around 04:0, committed an indecent act by force against the victim, such as having the victim suffer a buck, by inserting the bucks of the victim G (n, 19 years old) seated by the 5 room "F main office" of Ulsan-gu E and the 2nd floor of Ulsan-gu, Ulsan-gu, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to G and H

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

1. In a case where a conviction of the accused against the criminal facts on the judgment of the sexual crime subject to the registration of personal information has become final and conclusive as 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, inasmuch as the accused is a person subject to registration of personal information under Article 42(1) of the same Act, and is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act.

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.