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(영문) 울산지방법원 2016.04.08 2015고합192

강제추행상해

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall complete a sexual assault treatment program for 80 hours against the defendant.

Reasons

Punishment of the crime

On February 3, 2015, the Defendant, at the front corridor of 307, “D” 209:10, the Defendant worked as an employee from “D” 307, the Defendant, at the same time, called “D” 307, and called “the victim F (F, 21 years of age) first at the mutual influence point, and later, “the victim was able to drink and drink the alcohol,” and said, “the victim was said to be the victim’s her mother.” In short, the Defendant 1 met the victim’s left chest by means of using the victim’s own hand her humbing, as they flad with the victim’s back.

Since then, the Defendant committed an indecent act, such as forcing the victim who was seated in the instant telecom No. 307, and forced the victim to sit in the instant subcom, thereby making the victim’s left chest only once.

Defendant 1, on the ground that the victim who was committed the aforesaid indecent act, fully rejected the victim's chest and boomed the victim's chest by hand, she saw the victim as "Cropian," and she saw the victim as "Cropian," and took the victim's hair collection, shaking the victim's face, and took the victim's face several times by drinking, the victim suffered injury, such as cropical dump, spump, spump, spump, etc., which requires two weeks of medical treatment.

Accordingly, the Defendant committed an indecent act or injury against the victim by assault as above.

Summary of Evidence

1. Entry of a defendant in part in the third public trial records;

1. Statement made by the witness F in the fifth public trial records;

1. Each investigation report (to attach a certificate of injury to CCTV content within the telecom);

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

1. Relevant legal provisions and Articles 301 and 298 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.