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(영문) 울산지방법원 2014.09.04 2014고단1117

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 04:00 on March 22, 2014, the Defendant found the victim E (nat, 28 years old) who was divingd and set up at the third floor of Ulsan-gu, Ulsan-gu, the third floor so that the Defendant indecently committed an indecent act against the victim at a public smuggling place, such as cutting the bridge on the victim's bridge, bringing spons to the victim's arms and breasts.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. CCTV closure photographs;

1. Application of Acts and subordinate statutes to a report on investigation (report on confirmation of the contents of the F currency for reference);

1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend a lecture, Article 62-2(1) of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, even though the defendant was sentenced to several fines and a suspended sentence, he/she will also be sentenced to imprisonment with prison labor due to the nature of the crime and the circumstances of the crime during the suspended sentence.

However, the execution of punishment shall be suspended in consideration of the fact that the victim has agreed smoothly with the victim, the fact that the defendant seems to have been continuously receiving the mental treatment of sexual diseases, and the fact that the defendant is wrong.

Since it is recognized that the risk of recidivism is reasonable, probation, community service order, and lecture order for sexual assault treatment is added.

Registration of Personal Information

1. Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be submitted (where a conviction becomes final and conclusive on the basis of an alleged crime);

1. Whether to issue an order to disclose or notify to the public: It shall be determined as above on the grounds of Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which