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(영문) 울산지방법원 2017.11.02 2017고단3252

강제추행

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

After the victim was graduated from a high school music teacher of the victim E (V, 30 years old) who was a music teacher of the victim, the defendant became able to have the victim physically.

From around 00:50 on March 30, 2017 to around 01:02 on the following day, the Defendant committed an indecent act by force against the victim, such as: (a) the victim talks with the victim by drinking alcohol within three rooms in Ulsan-gu F, Ulsan-gu; (b) the Defendant puts his hand into the part of the blap cover; and (c) the chest of the victim; and (d) the Defendant committed an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. Reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order [Scope of Recommendation] There is no person subject to compulsory indecent act (not less than 13 years) [Judgment of sentence] [Judgment of sentence] Defendant has committed an indecent act by inserting the body of the victim, who is a high school, by using the subparagraphs of the victim's getting on board, such as putting the victim into a singing room in the singing room, putting the chest in the clothes, putting the breast in the clothes, or leaving the breast in the chest, and thus, it is highly probable to criticize the victim in light of the relationship with the victim or the circumstances leading up to the crime. Furthermore, the victim's active statement that the victim actively allowed kis and even responded to kis by inserting the victim, thereby causing physical harm or mental harm to the victim on the day of the crime.