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(영문) 울산지방법원 2020.10.22 2020고단1654
강제추행
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On March 13, 2020, at around 16:37, the Defendant: (a) pushed and walked a pedestrian auxiliary device in front B B in Ulsandong-gu, Ulsan-gu; (b) walked the victim C (here, 81 years of age); and (c) walked the victim on the ground that the victim is unaware of it; and (d) passed without making a answer on the ground that the victim is a person who is not aware of it; (b) the victim is driving away from the victim, and (c) the victim was able to catch the victim from the rear side of the victim and her panty and panty down the victim under the direction of the victim; and (d) the victim was able to take the part of the victim by hand from the rear of the victim.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image analysis);

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

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

1. The reasons for 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 Act on Welfare of Persons with Disabilities are as follows: (a) the Defendant: (b) 80 women’s panty, her panty, and her panty, her panty, and the victim’s panty that her panty, and her panty, her spanty, were brut against the socially weak; and (c) her family members, were brut to estimate the degree of a sense of sense of shame that the victim and his/her family members

Comprehensively taking into account the circumstances leading to the instant crime, the degree of indecent conduct, the age, environment, health conditions, and circumstances after the instant crime, the punishment against the Defendant shall be determined as ordered.

Where this judgment becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is subject to Article 43 of the same Act.

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