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(영문) 울산지방법원 2017.05.18 2017고단613
강제추행
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 18, 2017, the Defendant walked on the street in front of the "C Real Estate in Ulsan-gu B" on January 21, 2017, the Defendant discovered the victim D (bee 21 years of age) who was waiting for pro-Japanese on the street and attempted to commit an indecent act against the female, and opened out his own left part of the female to the left part of it once.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of Acts and subordinate statutes for report on internal affairs (verification of black images);

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to order, is that the defendant gets the chest of the victim by raising him/herself from the street, and the nature of the crime is inferior in light of the circumstances of the crime, and the victim does not reach an agreement, etc. It is disadvantageous. However, it is disadvantageous that the defendant walking along the roadside is very short, and the degree of indecent act is not relatively strong, it is a crime committed by drunkly, and there is no same power, etc., in consideration of the fact that the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, and if the conviction of the defendant against the criminal facts indicated in the judgment on the sexual crime subject to registration of personal information is finalized, the defendant is obligated to submit personal information to the related agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of repeating a crime, 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 crime subject to registration which can be achieved due to such order, and the kind of crime in this case.

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