beta
(영문) 울산지방법원 2017.08.24 2017고단2181

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 March 29, 2017, the Defendant committed an indecent act by force against the victim, such as: (a) opening a driver’s seat on the part of the victim; (b) holding the driver’s seat on the part of the victim; and (c) holding the driver’s seat on the part of the victim, waiting for the driver’s seat on the part of the victim; (d) holding the driver’s seat on the part of the victim, leaving the driver’s seat on the part of the victim; and (e) holding the chests on the part of the victim, leaving the driver’s seat on the part of the victim, leaving the driver’s seat on the part of the victim; and (e) holding the chests on the part of the victim.

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. The grounds for sentencing under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order of Community Service and Order to Attend Education [the scope of recommended punishment] and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes / [the scope of punishment / [13 or more years] of compulsory indecent act (the person subject to special sentencing] / [the person subject to special sentencing] who committed an indecent act in a singing room by the defendant who did not have any special relationship with him/her while strongly refusing to commit an indecent act at the victim’s own singing room, and forced him/her to go alone within the victim’s car and only talks his/her chest. This is an indecent act committed by the victim due to the following reasons: (a) the details and content of the indecent act is very active and strong; (b) the victim’s arrest of the victim’s report and then the victim’s sexual insult is not considered to be a serious unfavorable sentence after having committed an offense.

However, the defendant shows an attitude against the crime in this court, the fact that the defendant committed the crime under the influence of alcohol at the time, the fact that the defendant committed the crime under the influence of self-control, the fact that the victim and the victim have agreed smoothly, the fact that there are many kinds of records of crime, but there are no records of the same kind.