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(영문) 울산지방법원 2016.10.27 2016고단2289
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On March 28, 2016, at around 22:45, the Defendant committed an indecent act by force against the victim E (one’s life, one’s age, 51) who was seated with drinking and drinking in a D restaurant located in Ulsan-gu, Ulsan-gu, U.S., by stating that he/she would be good, and that he/she was able to use the victim’s chests and part’s chests in several times with his/her hand.

Summary of Evidence

1. The legal statement made by the witness E [the victim's statement is somewhat different in terms of the statement made by the investigative agency about the background of the indecent act or situation at the time of the indecent act, but the statement is consistent with respect to essential parts, such as the experience of indecent act, and considering the fact that the victim was under the influence of alcohol at the time or the transformation of natural memory following the passage of time, the credibility of the statement is not to be denied;

1. The police statement of E;

1. Application of Acts and subordinate statutes to a request for appraisal of genetic identification and verification;

1. Article 298 of the Criminal Act applicable to the crime, the choice of imprisonment

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order [the scope of recommending punishment] There is no basic area (6-2 years or more) (6-year) of the first category of indecent act by force (the person subject to the age of 13 or more) [the person subject to special sentencing] [the decision of sentence] of the defendant committed an indecent act by drinking together the victim's chest and drinking in the drinking house, and the degree of indecent act is serious, the defendant is not faithfully engaged in an investigation and trial, such as being drunk at an investigative agency and this court, and is present at this court, and does not reflect the crime; did not take any measures to recover damage; did not receive a written statement from the victim; it appears to be an offense committed under the condition that the victim did not have the ability to make a judgment due to alcohol; the criminal records are considered favorable to the defendant's age, personality and behavior, family relationship, family environment, motive and condition of the crime after committing the crime.

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