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(영문) 울산지방법원 2017.06.08 2017고단1164
강제추행
Text

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

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

Reasons

Punishment of the crime

On March 3, 2017, the Defendant forced the victim F (ast, 45 years of age) who had danced in the ice in the south-gu Seoul Metropolitan Government “E” located in Ulsan-gu, Ulsan-si, by inserting her hand from the victim’s behind the victim’s own side to the female’s bridge, and committing an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements made to F and G;

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. It is deemed that the degree of indecent conduct in light of the grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order may be light;

Although it is not possible to see that 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, if a conviction against the defendant is finalized on the criminal facts in the judgment of sexual assault crime subject to registration of personal information in consideration of the fact that the defendant is a person subject to registration of personal information under Article 43 of the same Act, because he/she is a person subject to registration of personal information under Article 42(1) 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.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

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