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(영문) 울산지방법원 2017.07.20 2017고단1293

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 February 23, 2017, from around 12:00 to 12:20 on the same day, the Defendant committed an indecent act against the above victim, such as: (a) the victim D (V, 53 years old) who was aware of the peace while cleaning the house and drinking the house; (b) the Defendant laid his hand into the inside of the said victim’s own body while drinking the house; and (c) the chest was removed from the said victim by hand; (d) the Defendant committed an indecent act against the said victim, such as putting his hand into the part of the said victim’s bar and drinking the house.

Summary of Evidence

1. Statement by the defendant in court;

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

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. Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order to Attend (the defendant and his defense counsel asserted that the defendant was in a state of mental and physical loss or mental weakness due to drinking alcohol at the time of the crime in this case, but it is not recognized that the defendant had no or weak ability to discern things at the time of the crime in this case, even though he had a certain time of drinking alcohol, it is not recognized that the defendant had no or weak ability to make a decision on the ability to discern things

The reason for sentencing [Scope of Recommendation] The Reasons for the Punishment of Indecent Acts by the Defendant [13 or more persons subject to punishment] [1 month-1 year] basic area (the person subject to special sentencing] (the person subject to punishment] The degree of indecent acts in this case is very strong, the victim seems to have caused a considerable sense of sexual shame, and the Defendant had the record of having been sentenced to suspension of indictment for the crime of indecent acts in 2014, but the repetition of the crime in this case is disadvantageous.

However, by the unanimous agreement with the victim, the injured party is not subject to the punishment of the defendant, and all contingent crimes are committed under the influence of alcohol, and the defendant's health is not good.