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(영문) 울산지방법원 2017.11.16 2017고단2573
강제추행
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 14, 2017, the Defendant committed a crime against the victim C, on the 1st floor of Ulsan-gu, Ulsan-gu, Seoul-do, 05:00, reported the victim C (the victim 28 years old), and committed an indecent act on the part of the victim as he/she was in charge of the victim’s left traw, as he/she was in charge of the victim’s loss.

2. On May 14, 2017, around 05:15, the Defendant committed the crime against the victim E with the victim: (a) reported the victim E at the place specified in the charge No. 1; (b) and (c) recorded the victim’s buck in his/her hand, rhum and rhumbbbbbbbs; and (b) committed an indecent act by force on the part of the victim as he/she was in

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police for C and E;

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed in a club to cause sexual humiliation to the victims by repeatedly booming booming the victims, causing sexual humiliation to the victims, and causing sexual insult to the victims who resisting such occupation, and causing damage to them.

However, under the influence of alcohol, it is difficult to view that the Defendant was a criminal who has committed contingent crimes, who has no record of crime, the prosecution has been committed in a timely manner, and the degree of indecent act is significantly strong, considering favorable circumstances in which the victims have reached an agreement with the victims, and taking into account all other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime, etc., the punishment as set forth in the order shall be determined.

Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall apply where a conviction against a defendant is finalized on the criminal facts in the judgment of a sexual crime subject to the registration of personal information.

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