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(영문) 울산지방법원 2014.04.24 2014고단135
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

At around 11:10 on November 13, 2013, the Defendant discovered that the victim D (the 20 years of age) was locked at the yellow land of the 5th soup bank of Ulsan-gu, Ulsan-gu, 2013, and accessed the victim's body, covered the victim's son with the victim's body, and then rhumdd the victim's son and turbs were used from the part of the victim's neck to the part of the air well-populated place, and ruptured at the soup bank, the Defendant committed an indecent act on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes of photographs;

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 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. Article 334(1) of the Criminal Procedure Act provides that an indecent act against a female who is diving in a so set of the reasons for sentencing shall not be weak, but a reasonable amount of fine shall be imposed in consideration of the fact that the victim agreed to the trial proceedings in this case and that there is no criminal record, and the risk of recidivism is recognized, and thus, the order to complete a sexual assault treatment program shall be determined by adding the order to the order to complete the program.

Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to registration, the accused is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit his/her personal information to the head of a competent police office pursuant to Article 4

The age, occupation, risk of recidivism, type, motive, process and 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 which can be achieved due to such order, and the protection of the victim.

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