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(영문) 울산지방법원 2017.03.16 2016고단4260
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 27, 2016, around 19:30, the Defendant committed an indecent act by force against the victim on two occasions, following the Defendant: (a) reported the victim, who was organized to mastize in F in the Gyeong-do Highway B, where the victim E (n.e., 28 years of age) at the D rest area, was an employee, at the “F” release store; and (b) reported the victim’s her sexual part, who was her sexual part.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on field photographs;

1. Article 298 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to Attend Education and community service order are very unfavorable circumstances, where the Defendant commits an indecent act against the victim by committing sexual intercourse after the victim, etc., who is his/her employee, at the store located in the expressway resting where the public is gathered, etc.

However, the punishment as ordered shall be determined by taking into consideration the favorable circumstances, such as the fact that the crime is against the victim, the fact that there has been considerable compensation and agreement with the victim, and the first offender who has no record of crime, etc.

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

The defendant's age, occupation, risk of recidivism, health condition, type, motive, process, seriousness of the crime in this case, disclosure order or notification order is expected to be disadvantageous to the defendant due to the defendant's age, occupation, risk of recidivism, health condition, type of crime in this case.

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