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(영문) 울산지방법원 2016.04.28 2015고단761
강제추행미수
Text

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

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

Reasons

Punishment of the crime

On January 4, 2015, the Defendant attempted to cover the face of the victim and to take the victim in the face of the victim, while putting the shoulder of the victim up in order to cover the victim D (the 35 years of age) within the elevator of the Ulsan-gu building C, Ulsan-gu, Ulsan-gu, Seoul, in a light of 03:00 on January 4, 2015, but did not have the intent to take the victim against the wind against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing mobile phones;

1. Article 300 and Article 298 of the Criminal Act concerning the facts constituting an offense;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is as follows: (a) the circumstance and content of the crime committed by the defendant; (b) the defendant seriously reflects the criminal act; and (c) the circumstances supporting the mother of his/her home country; and (d) other conditions of all the sentencing.

Where a judgment of conviction against a defendant on the criminal facts in the judgment of a sexual crime subject to the 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 a related agency pursuant to Article

In light of the Defendant’s nationality, age, occupation, risk of repeating a crime, health condition, type, motive, process, 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 and effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., there are special circumstances that may not disclose personal information.

Since it is judged, the court did not issue an order of disclosure or notification to the defendant.

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