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(영문) 울산지방법원 2016.11.24 2016고단2718
준강제추행
Text

A defendant shall be punished by imprisonment for not more than ten 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 August 11, 2016, at around 01:10, the Defendant committed an indecent act on the second floor of a house located in Ulsan-gu B, Ulsan-gu, and on the second floor, the Defendant committed an indecent act, such as putting the knick and knife the knife’s hand into the half of the female-gu women’s flick-gu victim C (M, 39 years of age) who has been unable to resist, and rh

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Articles 299 and 298 of the Criminal Act concerning criminal facts, the choice of imprisonment

1. Article 62 (1) of the Criminal Act (General Considerations as follows);

1. The reason for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Indecent Act [the scope of recommending punishment] There is no basic field (6-2 years or more) of the first type (6-2 years or more) of the crime of indecent act by compulsion (the person subject to special sentencing] [the decision of sentence] of the defendant committed an indecent act by deceiving the victim's sound body with his/her male and female seat who is working for the workplace, and the Criminal Code is very frequent, and the indecent act is very serious, and there is a doubt that the crime is properly against the victim in light of the fact that the defendant committed an indecent act, the degree of the indecent act is serious, and the statement made by the investigative agency, etc., shall be considered: Provided, That there is no same criminal record, the victim and the victim have reached an agreement smoothly, and the crime committed under the influence of alcohol, and where the conviction of the defendant against the sexual crime subject to registration of personal information is finalized, the defendant is obligated to submit personal information to the related agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, health condition of the defendant exempted from the disclosure order or notification order, the type, motive, process, seriousness of the crime in this case, and the degree of disadvantage of the defendant resulting from the disclosure order or notification order.

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