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(영문) 울산지방법원 2020.01.30 2019고단3342
강제추행
Text

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

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

Reasons

Punishment of the crime

The defendant and the victim B (n, 26 years of age) are not known to each other.

On August 8, 2019, at around 02:10 on August 8, 2019, the Defendant found the victim in the conversation in front of the D main point in Busan, facing one another, and committed an indecent act by force on the part of the victim by finding out the victim in front of the D main point in Busan, Jin-gu, Busan, and by making the victim's back with the victim's own hand at one time.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to a report on investigation (on-site CCTV attachment);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense;

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. Article 334(1) of the Criminal Procedure Act of the provisional payment order provides that even though there has been a history of punishment once for the same crime committed by the defendant for the reason of sentencing, the crime of this case is divided after the crime, and the victim and the crime of this case intend not to repeat again, the victim and the crime of this case have been smoothly agreed. All of the previous crimes and the crime of this case are relatively insignificant in the degree of indecent act, and the conditions of sentencing as shown in the records such as the defendant's age, occupation, character, conduct, family relation, living environment, circumstances leading to the crime, etc. shall be comprehensively considered to determine the punishment like the disposition.

When a conviction on the crime in the judgment of registering personal information becomes final and conclusive, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the relevant agency pursuant to

The defendant's age, occupation, risk of recidivism, motive, method and consequence of the crime of this case, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order of personal information, and the effect of the victim protection.

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