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(영문) 울산지방법원 2017.05.11 2016고단4588

강제추행

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 26, 2016, the Defendant: (a) reported the victim D (name, name, and name) to be mixed in Ulsan-gu C neighborhood around Ulsan-gu, Ulsan-gu, Seoul on November 26, 2016; and (b) continues to walk the horses.

Although the victim refers to the victim's continuous "Ira", the victim's her her m, her her mar, led the victim to an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D (tentative name) and E;

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Article 298 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of community service order and order to attend a lecture [the defendant and his defense counsel asserted that the defendant and his defense counsel had a mental and physical loss or mental weakness by drinking only at the time of the crime in this case. Thus, according to the above evidence, although the defendant had somewhat drinking alcohol at the time of the crime in this case, it is not recognized that the defendant had no or weak ability to discern things or make decisions, and therefore, the above assertion is rejected]

The reason for sentencing [Scope of Recommendation] The reason for the crime of indecent act by force (the scope of punishment is limited to 13 years or more) / [the person who is subject to special sentencing] of the basic area (1 month or year from 1 year to 1 year] of the Act on the Punishment of Indecent Acts (the person who is subject to special sentencing] / The defendant's decision of sentence / The defendant committed an indecent act by committing an indecent act because the defendant's human being in his/her night is based on his/her tendency to drive away women from the road on the road, and it is disadvantageous that the law of punishment is very interview and that the victim would have caused considerable fear and sense of sexual shame.

However, although the defendant is under the influence of alcohol and has a record of being subject to juvenile protective disposition due to rape, there is no particular record of crime for not less than 25 years, and the sentence of this case is rendered.