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Reasons
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(영문) 울산지방법원 2015.03.19 2014고단3565
강제추행
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Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around June 17, 2014, the Defendant committed an indecent act by force against the victim, who is engaged in the Defendant’s rubber strawing work in Ulsan-gun, U.S., U.S.A., U.S.A. at night around the night.

2. The Defendant, around September 13, 2014, committed an indecent act by force on the part of the victim, while explaining the victim’s work at the same work site at night, while explaining the victim’s work at night.

Summary of Evidence

1. Defendant's legal statement;

1. D's statement among the protocol of interrogation of the police against the accused;

1. Application of the police statement law to D;

1. Relevant Articles of the Criminal Act and Articles 298 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) of the provisional payment order are as follows: (a) an employee who works together with the sentencing grounds of Article 334(1) committed indecent acts twice, and the victim did not recover damage.

However, a reasonable amount of fine shall be selected in consideration of the fact that the defendant has no criminal history for the same kind of crime, that the defendant ceases to work due to the crime of this case, and that the defendant reflects the mistake.

However, since it is recognized that the risk of recidivism is reasonable, it is added to an order to complete a sexual assault treatment program for a considerable time.

Registration of Personal Information

1. Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be submitted (where a conviction becomes final and conclusive on the basis of an alleged crime);

1. Whether to issue an order to disclose or notify to the public: Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be exceeded, in extenuat

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