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(영문) 울산지방법원 2016.08.12 2016고합181

준강제추행

Text

A defendant shall be punished by imprisonment for one year.

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

Criminal facts

The Defendant came to know in the course of engaging in the activities to promote friendship between the victim D (ma, 26 years of age) and about 4 to 5 months before the victim D, and the instant Bandada. In addition, the Defendant was hospitalized.

From January 16, 2016

1. By the end of 17.17, MT was put into the Fpentth in Ulsan-gu, Ulsan-gu.

On January 17, 2016, the Defendant committed an indecent act, such as drinking in the Ulsandong-gu G, Ulsandong-gu, and drinking in the Fpenta “Ah” room of the victim, which was in a state of impossibility to resist, by inserting his hand in the jackets of the victim, drinking the victim’s chest, drinking out the victim’s panty, and drinking out the victim’s panty.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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

1. Reasons for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: Ten years from imprisonment to imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the types of decisions] [the general standards for sex offenses (subject to persons aged 13 or older)] and the general indecent act (subject to the special sentencing] (subject to the special sentencing] [the scope of the recommended punishment] to be punished [the scope of the punishment] to one year (the area of mitigation].

3. The crime of this case committed by the Defendant in the course of his club activities was committed by indecent acts, such as breathing the gap in which the Defendant was aware of influence in other victims’ pursuant to the influence of alcohol by inserting his hand in the jackets, cutting off his panty, cutting off his panty, and cutting off his panty. In light of the method of the crime and the form of the act, etc., the crime of this case was not committed, and the victim caused considerable sense of sexual humiliation.