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(영문) 울산지방법원 2015.04.02 2014고단3545
강제추행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. The Defendant, at around 18:00 on January 18, 2014, committed an indecent act by coercioning the victim by inserting sexual impulses, following the victim’s clothes he / she was drinking by standing in a table table that he/she sawd with the victim D (Taking 47 years of age) while he/she was eating together with the victim D.

2. At around 18:30 on the same day, the Defendant: (a) committed an indecent act on the part of the victim, who was temporarily parked in the F parking lot E on the same day, by causing another sexual impulse in the Defendant’s rocketing car, with the intent of committing an indecent act against the victim, and by drinking the victim’s clothes that he was seated in the front line, with the victim’s clothes that he was able to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (to hear statements from victims by telephone);

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The sentence of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment shall not be exceptionally applied in light of the nature and degree of an indecent act on the grounds of sentencing.

However, the above punishment shall be determined in consideration of the fact that the defendant reflects, that the victim seeks the preference against the defendant, and that the defendant has no record of the same crime.

Where a conviction becomes final and conclusive on a crime subject to registration of personal information in the judgment that is a sexual crime 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.

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