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(영문) 울산지방법원 2017.01.19 2016고단3724

강제추행

Text

A defendant shall be punished by imprisonment for six 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 October 7, 2016, the Defendant asked the Victim F (F) who was under the influence of alcohol to find a substitute driver at the above location while under the influence of alcohol in the street near the "E" singing room located in Ulsan-gu, Ulsan-gu, and asked the driver to drive by proxy to the I located in the B of Ulsan-gu, Ulsan-gu, by using his Ghodo car.

On October 7, 2016, the Defendant: (a) on board the back seat of the said car driven by an injured party on his behalf; (b) pushed the body behind the driver’s seat on the street near the northwest of Ulsan-gu, U.S.; (c) on his hand, she forced the injured party to commit an indecent act by force, such as using the injured party’s hand as rhythm and hythm between the injured party’s khys; and (d) using the injured party’s khys.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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. Reasons for the sentencing of Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend (the scope of recommended punishment) [the scope of compulsory indecent act (the objects subject to 13 years or more)] in the basic area (1 month or one year from the general), [the person subject to special sentencing] [the sentence] in the instant crime is not punishable (the decision of sentence]. The instant crime is that the indecent act by an indecent act on behalf of the socially weak female driver, and the victim under this paragraph will be able to take a serious bath and die.

There is also a threat that the victim seems to feel sexual humiliation, as well as personal flasing and fear, is very unfavorable.

However, in consideration of favorable circumstances, such as the fact that the defendant has committed any contingent crime under the influence of alcohol, the violation of the crime, the compensation for the victim, and the fact that there is no record of the same criminal record or serious criminal record, the punishment shall be determined like the order.

It is about the criminal facts of sexual assault crime which is subject to the registration of personal information.