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(영문) 울산지방법원 2013.10.17 2013고단2556
준강제추행
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On July 1, 2013, at around 03:45, the Defendant committed an indecent act by taking advantage of the victim’s state of resistance to resist, by making soup the chest of the Victim F (the 36 years of age), who was locked at a soup room in Seodaemun-gu Seoul, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (CCTV analysis at the case site);

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of penalties;

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

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. A reasonable amount of fine shall be imposed in consideration of the fact that an indecent act is committed against a woman who is diving in a so set of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, but a considerable amount of fine shall be imposed in light of the fact that an indecent act is committed against the victim, who did not have any criminal power, and who did not take any kind of crime, and was committed by a person with no criminal force, and the risk of recidivism is recognized. As such, the risk of recidivism is recognized, a punishment shall be determined as ordered by adding a completion order to a sexual assault treatment program.

Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to registration, the accused 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 his/her personal information to the head of a competent police office pursuant to Article 4

When considering the Defendant’s age, occupation, risk of recidivism, type of crime in this case, motive, process, seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc. comprehensively.

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