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(영문) 울산지방법원 2016.11.03 2016고단2692

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

On April 23, 2016, at around 23:30, the Defendant discovered the Victim F (tentative name, fring, 19 years of age) who was smoking tobacco at the parking lot adjacent to the E main store located in Yangyangnam-si, Yangyang-si, and demanded the Victim to drive a shoulder with the stringle to the stringle of the string part of the string part of the string part of the string part of the string part of the string part of the string part of the string part of the string part of the string part of the string part of the string part of the string part of the string part

Summary of Evidence

1. Defendant's legal statement;

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

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. Reasons for the sentencing of Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to attend a lecture or the Order of Community Service [the scope of recommending punishment] The basic area (one to one year) of the crime of indecent act by force (the object at least 13 years of age) [Special Sentencing] [the decision of sentence] is an indecent act committed by a victim who is entirely aware of the defendant by taking into consideration the conditions remaining. In light of the circumstances of indecent act, the crime is very poor in light of the nature of the crime and the degree of indecent act is not easy, and thus, it seems that the victim caused considerable aggravation and sexual humiliation. The defendant was sentenced to suspended sentence three years of imprisonment for the same sexual assault crime on September 209. In light of the attitude of the crime immediately after the crime, the initial statement in the investigation process, etc., there is doubt that the crime is seriously against the victim and the victim's family relation, etc. after taking into account the motive, motive, and circumstances of the defendant's criminal act.