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(영문) 울산지방법원 2017.03.30 2016고단2892

강제추행

Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 06:45 on August 13, 2013, the Defendant committed an indecent act by force against the victim D (a) (a) who passed its location in front of the bus stop in Ulsan-gun apartment C apartment complex in Ulsan-gun, Ulsan-gun, Seoul-do) at the street, saying, “I would like to go to our house. Ga, coffee maer at our house, I would like to go to go to our house, I would like to get the victim’s arms as one hand, and I would like to turn the victim’s breast with another hand once.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness D;

1. 112 Application of Acts and subordinate statutes notifying departments related to reporting;

1. Article 298 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Crimes committed by the Defendant while the Defendant was aged and did not have the same judgment ability as the general public, and the degree of indecent conduct is too serious as the chest is left.

In light of the fact that the defendant cannot be seen, the victim does not want to punish the defendant, and the fact that there is no record of punishment for the same kind of crime, 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 is obliged to submit personal information to the related agency pursuant to Article 43 of the same Act.

The personal information shall not be disclosed in light of the following factors: the defendant's age, occupation, risk of recidivism, 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 can be achieved due to such order, the effect of protecting the victim, etc.