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(영문) 울산지방법원 2017.03.09 2016고단4101
강제추행
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

The Defendant is a person working as an employee at the “C” convenience store located in Ulsan-gu, Ulsan-gu, and the victim D (n, 18 years old) was an employee of the same convenience store, and the Defendant was working at night with the victim around 09:00 on the following day.

피고인은 2016. 10. 25. 08:59 경 위 편의점에서 카운터에 서 있는 피해자의 등 뒤로 지나가다가 오른손 엄지손가락과 집게손가락, 가운데 손가락으로 피해자의 오른쪽 옆구리를 잡아 주무르고, 같은 날 09:22 경 피해자가 왼손을 카운터 위에 올려놓고 있는 것을 보고 피고인의 오른손으로 피해자의 왼손을 꾹 잡아 피해자가 이를 빼려 하였음에도 계속 손을 잡아 피해자를 강제로 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of CCTV Acts and subordinate statutes;

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order: (a) the fact that the defendant, without permission, had the body of the victim who is under age, made a considerable sense of sexual humiliation; and (b) the fact that the victim was unable to receive a letter from the injured party is against the crime; (c) the degree of his/her conduct is strong;

If 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 is finalized, 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 the relevant agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, health status, type, motive, process, seriousness of the crime, disclosure order or notification order shall be the defendant's age, occupation, risk of recidivism, health status, type of the crime in this case.

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