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(영문) 울산지방법원 2014.08.28 2014고단450

준강제추행

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 08:20 on December 22, 2013, the Defendant drata or male surface room located in Ulsan-gu, Ulsan-gu, Seoul-do, and drata took soup and brying soup on the side page of the victim E (ma, 23 years old) who was unable to resist, and committed indecent act by extending the hand to the victim’s sexual organ several times.

Summary of Evidence

1. Partial statement of the defendant;

1. The written statement by the police about E (the defendant and his defense counsel asserted that the defendant did not commit an indecent act against the victim; however, the police and the prosecutor's office's statements in E are specific and consistent; the defendant covered and dysle in the letter or the surface of the water in this case; the defendant was able to use the letter in the wall or the surface of the water in this case; the defendant was able to sufficiently recognize the fact that the defendant committed an indecent act against the victim in light of the circumstances such as the fact that he did not have any reason to use the letter in the surface of the water used for his original purpose; thus,

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act;

1. In a case where the exercise of the sentencing guidelines [the sentencing guidelines [the range of recommending punishment] under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Indecent Acts (subject to the age of 13 or older) is considerably weak, in a case where the degree of indecent acts is weak, the defendant who determined the sentence is consistent with his defense while denying the crime, and the victim's damage has not been recovered, and thus, he/she will choose imprisonment with prison labor.

Provided, That the execution of punishment shall be suspended in consideration of the fact that the defendant has no criminal record or commits an indecent act in addition to the fine.

Since it is recognized that the risk of recidivism is reasonable in light of the content of the crime, an order to attend the sexual assault treatment lecture is added.

The registration of personal information shall be 1.