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(영문) 울산지방법원 2013.10.24 2013고단2607
강제추행
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the owner of a commercial building located in Ulsan-gu C, Ulsan-gu, and the victim D (the age of 51) is the person who operates the "Ek practice room" on the second floor of the above building.

1. On December 29, 2012, around 23:00 on December 29, 2012, the Defendant reported the victim in the Kabter within the said “EMing machine” to “only one time the inside is responsible” to the victim, and made the victim commit an indecent act by forcing the victim to commit an indecent act.

2. At around 18:00 on March 1, 2013, the Defendant discovered a victim who is cleaning in the said “Eking practice room”, and “I will not see the victim’s end-time, will not be a fake,” and “I will not see the victim’s end-time, will make it an indecent act by force.”

3. On March 22, 2013, at around 23:30, the Defendant committed an indecent act by force against the victim by rhyming the victim’s face on the part of the victim who is in the Kashing machine within the said “E Kinginging machine”. The Defendant, in his hand, committed an indecent act on the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement of D;

1. Application of the F and G Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 298 of the Criminal Act concerning the crimes;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes;

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 to Order;

1. In light of the fact that an indecent act by compulsion was committed over several occasions in the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, a considerable amount of fine shall be imposed in light of the fact that the circumstances are bad and there is no same criminal record, and the risk of recidivism is recognized, and thus, a punishment is determined as ordered by adding an order to complete a sexual assault treatment program.

Where a conviction becomes final and conclusive on a sexual crime subject to registration, which is subject to the obligation to submit personal information.

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