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(영문) 울산지방법원 2017.12.21 2017고단3882
준강제추행
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a victim D (n, 24 years of age) and a volunteer group and a post-service group in E-school around 2011, which has been known to the present day.

On July 20, 2017, the Defendant, who was parked in Ulsandong-gu F (former Vice Minister) around 23:30 on July 20, 2017, was under the influence of alcohol in his G “Mari-ri-ri” car, and thus, the Defendant forcedly committed an indecent act by inserting the Defendant into panty Tri-ri, by inserting his hand into the strings of the victim in a state of resistance impossibility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (to listen to the currency of a victim);

1. Relevant Articles 299 and 298 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for the sentencing of Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order of Service and Order to Attend Education [the scope of recommended punishment] There is no person [the person subject to special sentencing] in the basic area (6-2 years to June) [the person subject to special punishment] [the decision of sentence] [the defendant committed an indecent act against the victim under the influence of alcohol and committed an indecent act against the victim who is vulnerable to the crime in the vehicle, and the degree of the indecent act is very serious. The method is active, the victim seems to have suffered serious sexual humiliation and mental suffering, and the fact that the victim was unable to receive the written punishment from the injured person is very unfavorable.

In light of the fact that the defendant shows an attitude against his own will to recognize the crime, he appears to be a crime committed in a state of lack of judgment and self-control ability after drinking with the victim who has been under a sense of self-control, and there are no other criminal records other than the one-time traffic record, the sentence shall be determined like the order.

Criminal facts of sexual assault crime which is subject to the registration of personal information.

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