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(영문) 울산지방법원 2016.05.12 2016고단462
준강제추행
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 February 9, 2016, the Defendant, while returning home under the influence of alcohol on February 04:15, 2016, was able to see the house of the victim B (n, 28 years of age) of Ulsan-gu, one’s next house, and entered the house, and dump in the inside bed, and thus, the victim’s right tum and bucks were used as his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

1. Relevant Articles 299 and 298 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act that commits an indecent act against a victim who has been divingd at the same place without immediately leaving the fact that the defendant entered another's office after shouldering the fact, and is reasonable to pose a risk of committing an offense, but the defendant is against the defendant, has no record of the same kind of crime, and the degree of indecent act is not significantly heavy

1. Where the conviction of the accused against the criminal facts in the judgment on the crime of sexual assault crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the accused 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 the accused is obligated to submit personal information to a related agency pursuant to

In light of the Defendant’s 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 of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be disclosed.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

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