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(영문) 울산지방법원 2019.02.15 2018고정944
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant becomes aware of the victim B (main, 43 years of age) at the same club for about two years before and after the lapse of two years, and goes in the relationship with the victim.

On August 21, 2018, at around 17:21, the Defendant: (a) intending to get off the elevator from the company’s office located in the Southern-gu C building (12nd floor); (b) and (c) intending to open the building entrance, the Defendant met with the victim who entered the entrance with the entrance, without having come to the “D hospital” located in the 7th floor of this building, in order to leave the entrance to the “D hospital”.

The Defendant, at the entrance of the above building, made telephone conversations with the victim who wanted to enter the above building by leaving the door, and, without any reason, committed an indecent act by force against the victim by making three-time return of the victim to the left hand.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to the investigation report (on-site CCTV verification);

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. A fine of 3.5 million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act of the suspended sentence (including the fact that the defendant commits the crime, the fact that the defendant commits the crime, the fact that the victim does not want the punishment of the defendant, and the fact that the defendant does not want it);

1. In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of disclosure or notification, the preventive effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victim, etc., under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to disclosure or notification order, the Defendant’s personal information shall not be disclosed or notified.

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