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(영문) 울산지방법원 2020.03.17 2020고단225
강제추행
Text

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

The accused shall be placed at child and juvenile-related institutions, etc. and welfare facilities for disabled persons.

Reasons

Punishment of the crime

The defendant was a man of Uzbekistan nationality who entered Korea for tourism around 2016 and changed to employment visa around November 2018, and works for work in Busan and Yangsan as a daily work.

1. On December 10, 2019, the Defendant: (a) around 21:50 on December 10, 2019, the Defendant: (b) committed indecent act by compulsion; (c) as seen earlier, by reporting the victim D (name, leisure, 23 years of age) to sexual desire; (d) preventing the victim from being injured by one hand; (c) leading the victim with another hand; (d) leading the victim; (e) towing the victim; (e) towing the victim; and (e) cutting the victim with the victim’s bed; and (e) cutting the victim’s bed; (e) cutting the victim’s bed in the back in the shape of the victim’s bed; (e) cutting the chest into the victim’s bed; and (e) forcing the victim to commit indecent act by force on the part of the victim’s bed.

2. On December 17, 2019, the Defendant: (a) around 22:10 on December 17, 2019, the Defendant: (b) committed indecent act by compulsion on the part of the victim, committed indecent act by compulsion on two or three occasions; (c) on the part of the victim, the Defendant committed indecent act by compulsion on two or three occasions the victim, by reporting the appearance of the victim G (or the age of 28) in which the victim’s sexual desire to exercise; and (d) by causing the victim’s sexual desire to have his/her hands down to the floor to prevent him/her from suffering the victim’s hand; and (d) by inserting his/her fingers into the victim’s hand, the Defendant committed indecent act by compulsion the victim by coercioning the victim two or three times.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to G and D

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under 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 Welfare of Disabled Persons Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) The general standard for the crime of the first crime (the determination of the type) and the crime of the indecent act by compulsion by force shall be the object of 13 years of age or older;

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