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(영문) 울산지방법원 2018.05.29 2018고정153
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On December 11, 2017, the Defendant: (a) 22:00 around Ulsan-gu, Ulsan-gu, and (b) OOOO stores operated by the Defendant: (c) 11.22:0, 201; (d) 2.2.00; (c) 2.2.00; and (d) 3.2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to a report on investigation (fixtures to the scene of a crime) and a report on investigation (fixtures to screen images on the scene of a crime);

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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

1. Article 62 (1) of the Criminal Act suspended execution (the fact that there is no previous conviction for the same offense, the confession of and reflects against the crime of this case, and the fact that the victim has expressed his/her intention not to punish by mutual consent with the victim);

1. Where a conviction on a sex offense subject to registration becomes final and conclusive under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by a person taking education, and a judgment of conviction on a sex offense subject to registration, 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 the defendant is obligated to submit personal information

No order for disclosure or notification to the accused shall be issued pursuant to Article 47(1) or 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order for disclosure or notification of personal information, or the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The defendant's age, occupation, risk of recidivism, type, motive, process, seriousness of the crime, disclosure order or notification order, the degree of disadvantage to the defendant's disadvantage and the preventive effect of sexual crime subject to registration that can be achieved therefrom, and the effect of protecting the victim.

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