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집행유예
(영문) 울산지방법원 2016.5.12.선고 2016고단462 판결

준강제추행

Cases

2016 Highest 462 Quasi-Indecent Act by compulsion

Defendant

NewA (85 years, South Korea), Company Board

Residence

Reference domicile

Prosecutor

Yellow (Lawsuits) and Kim Jong-il (Trial)

Imposition of Judgment

May 12, 2016

Text

A defendant shall be punished by imprisonment for not less than six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

Reasons

Facts of crime

On February 9, 2016, 04: Around 15, the Defendant was under the influence of alcohol, and the Defendant was able to capture the house of gambbbbbing in Ulsan-gu, Ulsan-gu, one’s next house (n, 28 years old) with his own house, and was locked on the part of his house, and was locked on the part of his house, and the Defendant was able to use the victim’s right ambuck and buckbuck.

Summary of Evidence

(Omission)

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 299 and 298 of the Criminal Code, the choice of imprisonment

1. Suspension of execution;

Article 62 (1) of the Criminal Act ( immediately after breaking up the fact that the defendant has entered another person's office)

The risk of committing a crime is an indecent act against a victim who has been divingd at the same time, and the risk of committing a crime is the same.

considerable but it is against the defendant, and there is no same criminal record, and as a result, indecent act by the defendant.

Considering that the degree is not significantly serious)

1. Order to attend lectures;

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

Registration of Personal Information

If a conviction of a defendant against a sexual crime subject to registration becomes final and conclusive, the defendant is the winner of personal information registered in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to related agencies pursuant to Article 43 of the same Act.

Disclosure Order or Exemption from Notice Order

In light of the Defendant’s age, occupation, risk of repeating a crime, health condition, the type, motive, process, seriousness of a crime, result, and gravity of an order of disclosure or notification, the degree of disadvantage and anticipated side effects of the Defendant’s injury, the prevention and effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victimized person, etc., the Defendant shall not be ordered to disclose or notify personal information. Thus, an order of disclosure or notification shall not be issued to the Defendant.

Judges

Judges Lee Jong-sung