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(영문) 울산지방법원 2016.11.17 2016고단2921
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

At around 04:40 on August 13, 2016, the Defendant committed an indecent act against the victim at a soup site, which is a public densely concentrated place, such as taking the victim’s chest back to the 6th floor soup of the Busan Shipping Daegu B building (name, 27 years old) and taking the victim’s finger back, leading the victim’s grandchildren into contact with his sex.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement made to C (alias);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of imprisonment;

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

1. The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under Article 16(2) and (4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Probation and Order to Attending (hereinafter “Special Cases Concerning the Punishment, etc.”) is very active and serious; the Defendant committed an indecent act on the ground of sentencing at a sobry, which is a place where public secrecy is located; and the record of punishment for the same crime on July 2014, etc. is very unfavorable. However, considering the favorable circumstances that the Defendant reflects the crime as the name of the Defendant, and the Defendant does not want the punishment for the Defendant by an agreement with the victim, it shall be taken into account in favor of the fact that the Defendant’s conviction against the sexual crime subject to registration of personal information by adding a probation order to prevent recidivism is a person subject to registration of personal information under Article 42(1) of the Act on

When considering the defendant's age, occupation, risk of recidivism, 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 sexual crimes subject to registration which can be achieved due to such order, the effect of protecting the victim, etc., comprehensively.

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