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(영문) 울산지방법원 2012.11.29 2012고단2663
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 7, 2012, from around 00:0 to around 01:00, the Defendant singing with his wife D, victim E (n, 40 years of age), and victim F (n, 35 years of age).

1. The Defendant committed an indecent act by force on the part of the victim E, who sing at the above date and at the above place, followed by the victim’s left chests one time, and the victim saw the victim’s left chests on one occasion in opposition to the latter.

2. The Defendant committed an indecent act by force against the victim, at the above date, at the above time and place, by putting the victim F in front of the victim F, and putting him in front of the victim F’s clothes, bucking two times the left chest, putting his hand into the victim’s bucks, again rhumbucks, and rhuming the bucks once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the facts constituting an offense, the choice of a fine, and the choice of a fine (see, e.g., Supreme Court Decision 200Do148, Apr. 1, 20

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. When a conviction on the crime of this case against a defendant who has registered personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is subject to registration of personal information, and the defendant is obliged to submit his personal information to the chief of the police station having jurisdiction

(Article 32(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes: Provided, That the disclosure order and notification order are exempt inasmuch as it is deemed that the accused has no same record on the part of the accused, and there are special circumstances that may not disclose personal information in light of the circumstances of the instant crime, the degree of indecent act, the process and consequence of the instant crime,

(The proviso of Article 37 (1) and the proviso of Article 41 (1) of the same Act)

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