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(영문) 울산지방법원 2019.10.24 2019고단2232
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 01:00 on May 4, 2019, the Defendant committed an indecent act by rhyming the victim C (k), located in Ulsan-gu B, Ulsan-gu, with his son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to a photograph by cutting down a CCTV screen;

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

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

1. The sentencing reasons under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes by Probation, Order to attend a lecture or Order to provide community service order does not have been subject to punishment for a sexual crime committed by the defendant, but has been punished several times due to the act of violence or obstruction of performance of official duties, etc., but again, the crime of this case was committed in spite of the past two times of suspended sentence due to the act of violence or obstruction of performance of official duties. On the other hand, the degree of indecent act in this case is relatively minor, and other factors of sentencing as indicated in the record, such as the defendant's age, occupation, character, personality and behavior, family relationship, living environment, circumstances leading to the crime, etc., the sentence as ordered shall be determined by taking account of the following factors

A judgment of conviction on the facts of a crime on which the registration of personal information is made becomes final and conclusive, and 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

The defendant's age, occupation, risk of recidivism, motive, method and consequence of the crime of this case, 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 of personal information, and the effect of protecting the victim, etc. shall be comprehensively taken into account.

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