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(영문) 울산지방법원 2016.09.01 2016고단1935

강제추행

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 04:00 on April 10, 2016, the Defendant committed an indecent act by force, such as: (a) the Defendant, his wife, the Defendant’s employees, and beauty room employees, (b) the victim E (the 23 years old), who opened up his arms in the order of the victim’s male-friendly tool, and (c) the Defendant set up his arms in the direction of the victim’s body, and cut off his arms toward the victim’s body, and cut his hand into the victim’s body, and cut his hand into the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 298 of the Criminal Act applicable to the crime, the choice of imprisonment

1. Article 62 (1) of the Criminal Act (General Considerations as follows);

1. Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend and the Order to Attend the lecture, and Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Victims on the job where the male-gu of the victims are together located, and the victim did not receive a written agreement from the victim (it shall not be deemed a case where the victim received a written agreement from the victim by making an endeavor to seriously reflect the defendant's crime against the victim and to reach an agreement before investigation, but it shall not be deemed a case where the victim received a written agreement from the victim), etc. was consistent to the purport that it denies the defendant's responsibility not to memory the crime by the investigative agency. However, it is consistent with this law to the effect that the defendant was committed at the time of and against the crime; the defendant was a primary offender with no criminal power; the defendant was a contingent crime under the influence of alcohol; and the victim did not receive some funds (5 million won) for the restoration of damage before the sentence in this case.