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(영문) 울산지방법원 2017.04.13 2017고단18
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 29, 2016, 2016, the Defendant: (a) viewed the appearance of drinking in the victim D (a name) to drink in the victim D (a name) table; and (b) committed an indecent act by force against the victim by undermining the victim’s identity.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of the Acts and subordinate statutes on CCTV images to crimes;

1. Article 298 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16(2) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed an indecent act against the victim, who is a woman living together by the defendant, by forcing him/her to do so, and the degree of conduct is not easy, and thus, it appears that the victim was suffering from fear of considerable sexual humiliation. It is a standing but has no same kind of power, and is a crime of contingently committed under the influence of alcohol, and an agreement was reached before the pronouncement of this case, and thus, if the conviction of the defendant against the criminal facts in the judgment on the sexual crime subject to the registration of personal information becomes final and conclusive, the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, health condition, type, motive, process, 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 may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be disclosed.

Therefore, the defendant is judged.

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