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(영문) 울산지방법원 2021.03.25 2020고단3131

준강제추행

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

The Defendant is between “B” beauty art room from December 2, 2019 to June 2020 and the two-three-three-three-three-three-three-three-year old-year-age-based club fee.

On June 7, 2020, the Defendant discovered the victim who was lockedly under the influence of alcohol at the night conference of the above beauty room from the beginning of the preceding day, and other employees who had been under the influence of alcohol in the vicinity of the defendant's hand, putting the victim's hand into the seat of the damaged party, and putting the victim's bucks and bucks by gathering the victim's hand into the seat of the damaged party, and putting the victim's bucks and bucks in the opposite part of the victim's car.

Accordingly, the defendant committed an indecent act against the victim who is mentally or physically lost or unable to resist.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against C;

1. Investigation report (to be attached to the Kakao Stockholm dialogue exchanged between the suspect and the victim, and to the victim's protogram);

1. Application of Acts and subordinate statutes, such as site photographs, re-shot photographs of victims;

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 suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. The crime of this case on the grounds of sentencing in the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Welfare of Persons with Disabilities Act, where the Defendant, who was under the influence of alcohol, committed an indecent act, such as the victim’s bucks and bucks, and drinkings, in which the Defendant committed an indecent act by inserting his/her hand, by deceiving the victim’s bucks, which are located in the workplace, and thus,

However, considering the fact that the defendant recognized the crime of this case, the fact that the defendant agreed with the victim, the first offender who has no record of the crime, and other various sentencing conditions, such as the background leading to the crime of this case and the degree of the criminal conduct, shall be taken into account.