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(영문) 울산지방법원 2015.05.19 2014고단2471
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around 04:30 on February 1, 2014, the Defendant discovered that the victim E (the age of 52) was sleeped at the third floor of “D” located in Ulsandong-gu, Ulsan-gu, Seoul, the Defendant committed soup and soup, which was frying back to the victim’s knife, and that the victim was knife at the victim’s knife and knife at the victim’s knife., the Defendant slifeed the victim’s knife by making soup.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of an investigation report;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed the instant crime even if he/she was placed a prior to the suspension of indictment for the same kind of crime, and that the victim did not reach an agreement with the victim and that the victim wants to punish the Defendant is disadvantageous to the Defendant.

However, the above punishment shall be determined in consideration of the circumstances favorable to the defendant, such as the fact that the defendant is against the mistake, the fact that the defendant seems to have committed the crime of this case by contingency under the influence of alcohol, and all other factors of sentencing as shown in the records and arguments, such as the age, character and conduct

Where a judgment of conviction against a defendant on a crime subject to registration of personal information becomes final and conclusive, 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 obligated to submit personal information to relevant agencies pursuant to Article 43

The defendant enters the military court due to the age, occupation, risk of recidivism, type of crime of this case, motive, process, results and seriousness of the crime, disclosure order or notification order.

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