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(영문) 울산지방법원 2019.07.11 2019고단1416
강제추행
Text

A defendant shall be punished by imprisonment for six 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

On April 9, 2019, the Defendant committed an indecent act by force against the victim by making the victim's her body familiarly with his body in order for the victim D (the victim's name, female, 24 years old) to see his body in the card box when waiting for the c'C located in the Dong-gu, Ulsan-si, Ulsan-si, Ulsan-si, Seoul-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of photographic Acts and subordinate statutes after closure;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense;

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

1. The grounds for sentencing under Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes against the Punishment, etc. of Sexual Crimes committed by the Defendant and agreed to divide them in depth and smoothly with the victim after committing the crime. The extent of indecent act in this case is relatively minor, and the conditions of sentencing indicated in the records, such as the Defendant’s age, occupation, character and conduct, family relationship, living environment, circumstances leading to the crime, circumstances after committing the crime, etc., shall be comprehensively taken into account, and the sentence as above shall be determined to be put on probation and order

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

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively taken into account in light of the Defendant’s age, occupation, risk of recidivism, motive, method, consequence, seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the order to disclose or notify personal information, the prevention of sexual violence crimes that may be achieved therefrom, and the effect of protecting the victims, etc.

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