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(영문) 울산지방법원 2020.11.19 2020고단2663
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 8, 2019, the Defendant, at the “C” stage located in Ulsan-gu B around 02:00, committed an indecent act by force against the victim by turning the victim’s ties with both hand during dancing, facing the victim D(n, 32 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to report on investigation (F statement hearing);

1. Article 298 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The reasons for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities are as follows: (a) the Defendant, who committed an indecent act, was found to have caused severe sexual humiliation; (b) the degree of such indecent act is serious; and (c) the victim is deemed to have caused severe sexual humiliation; and (d) the Defendant’s liability is minor.

subsection (b) of this section.

However, considering the circumstances that the defendant did not have criminal records, the sentencing conditions such as the background leading to the crime of this case, the defendant's age, environment, family relation, etc. shall be determined as ordered.

Where this judgment becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to 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 competent agency pursuant to Article 43 of the same Act.

In full view of the defendant's age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree of disadvantage to the defendant's entrance due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration, the effect of protecting the victim, etc., the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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