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(영문) 울산지방법원 2013.12.20 2013고정1210
준강제추행
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 02, 2012, at around 06:30 on December 02, 2012, the Defendant committed an indecent act by inserting up the part of the victim D (20 years of age, women) who was divingd in the domination bank located in Ulsan-gu B, Ulsan-gu B, and by inserting his hand to the lower part of the victim, who was unable to resist, and only 2-3 minutes of the sound of the victim, and only smilbling the chest.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crime, the choice of fines;

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

1. In principle, inasmuch as an accused who committed a sexual crime of judgment on whether to impose an order to complete a program under Article 334(1) of the Criminal Procedure Act is convicted of a fine, a court shall impose an order to complete a program on the accused in principle (Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes). However, in the summary order of the instant case, the accused did not impose an order to complete a program on the accused, and the accused requested a formal trial only, the court does not impose an order to complete a program pursuant to the principle of prohibition of disadvantageous change under Article 457-2 of the Criminal Procedure Act (see Supreme Court Decision 2012Do8736, Sept. 27, 2012). If this judgment becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to Articles 42(1) and 2(1)3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

The defendant's age, occupation, risk of repeating a crime, motive, method, 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 can be achieved due to such order, and the effect of protecting the victims of the sexual crime shall be comprehensively taken into account.

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