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(영문) 울산지방법원 2018.04.26 2018고정110
강제추행미수등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a guest who was frequently in a store operated by the victim B (V, 40 years old).

1. On August 16, 2017, the Defendant, within the D main point located in Yangsan City C on a condition that the Defendant would be seated next to the Defendant and tried to leave the victim’s chest, but the Defendant refused and retired from office.

Accordingly, the defendant attempted to commit an indecent act by force against the victim.

2. On August 16, 2017, around 02:00, the Defendant: (a) moved the victim in a vehicle owned by the Defendant that was parked in the F cafeteria parking lot located in Yangsan City E; (b) laid the chest, and (c) laid down the her finger with the clothes in which the victim was suffering; and (d) laid down the her finger with the her hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 298 of the Criminal Act, Articles 300 and 298 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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. Where a conviction on a sex crime subject to registration of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, the Defendant becomes 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 the competent agency pursuant to Article 43

The defendant's age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of a sexual crime subject to registration that can be achieved therefrom, and the effect of protecting the victim, etc. shall be comprehensively considered.

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