beta
(영문) 울산지방법원 2014.12.12 2014고합281

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

Text

A defendant shall be punished by imprisonment for one year.

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

(e).

Reasons

(b) Crime history;

1. The Defendant, on September 2, 2014, committed indecent acts against the victim D, the Defendant committed an indecent act by force against the victim D by using the victim D’s right arms and knife with knife with knife with knife on September 15, 2014, by using the victim D’s knife and knife with knife with knife at the same parking lot **** (here, 34 years old).

2. The Defendant, on September 5, 2014, committed indecent act by compulsion against the victim F, on the part of the Defendant: (a) on September 11, 2014, committed an indecent act by compulsion on the part of the Defendant: (b) E apartment as described in paragraph (1) 1 **** in the elevator, with the victim F (the victim F (the 32 years old), and with his/her hand, with the victim F (the string of the elevator), and with his/her hand, with the heater and the elevator’s door, with the victim F (the string of the elevator), committed an indecent act against the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning F and D;

1. A criminal investigation report (to be attached toCCTV images);

1. Application of CD-related Acts and subordinate statutes

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

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes resulting from the crime of indecent act by compulsion against the victim F with heavier penalty);

1. The reason for the suspended sentence of the punishment under Article 62(1) of the Criminal Act [the range of applicable sentences] The reason for the suspended sentence of the punishment [the range of applicable sentences] 15 years of imprisonment [the general standard for the crime of indecent act by force (the target of 13 years of age or older)] and 2 years of imprisonment [the scope of recommended sentences] and 6 months and 2 years of imprisonment [the defendant] committed a indecent act by force against two adult women within the time near the apartment complex in the same apartment complex. In particular, since the defendant committed a indecent act by force against the victim who is tight and narrow space in an elevator, it cannot be deemed that the victim caused extreme fear of the crime.

However, the defendant has been living without criminal punishment since his entry into the Republic of Korea around September 2013, and the defendant recognized all of the crimes.