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(영문) 울산지방법원 2017.06.15 2017고단1138
강제추행
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 28, 2016, the Defendant forced the said victim to commit an indecent act, such as: (a) finding the victim as a customer at the “D” management shop in Ulsan-gu, Ulsan-gu C2, Ulsan-do; and (b) making the victim e-mail from the victim E (the victim e-mail 36 years of age); and (c) making the victim e-mail at the lower half-time e-mail e-mail e-mail; (d) making the victim e-mail e-mail; and (e) making the said victim e-mail e-mail e-mail; and (e) making the said victim e-mail e-mail e-mail from the floor; and (e) making the said victim e-mail e-mail e-mail knick.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E (tentative name);

1. Application of Acts and subordinate statutes to a investigation report (including each photograph of a field forest site and CCTV closure photograph);

1. Article 298 of the Criminal Act and the choice of punishment for the crime;

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

1. The reason for the sentencing of Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend the lecture [the scope of recommended punishment] and the reason for the sentencing of Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [the scope of recommendations] the basic area (13 years or more) [the person subject to special sentencing] [the person subject to sentencing] is not subject to punishment [the sentence] [the person subject to special sentencing]] of the victim who resists the victim's escape who resisted against the indecent act in the closed marina room where the defendant was sealed and prevented the victim from getting out of the panty, and tried to escape from the panty in the course of the investigation, and the nature and the criminal intent of the crime are very serious.

However, in this court, the punishment is determined as ordered in consideration of the following: (a) the criminal act was committed in the first time and the attitude against the victim was committed; (b) the sexual stimulation appears to have been committed in a contingent manner while being upon mathy; (c) the defendant has no same power or major criminal record; and (d) the defendant has been compensated for damage to the victim and has reached an agreement.

Where a conviction against a defendant is finalized on the criminal facts indicated in the judgment on a sexual assault offender subject to the registration of personal information.

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