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(영문) 울산지방법원 2016.12.08 2016고단3215
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 06:00 on August 7, 2016, the Defendant discovered out the fact that the Victim D (at the age of 18) was locked together at the home of pro-friendly C, Nam-gu, Nam-gu, Ulsan-gu, 2016, the Defendant exceeded the panty of the victim who was unable to resist, met the panty of the victim, laid down the brogate up up up up up until the victim's brogate, and committed an indecent act against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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. Reasons for the sentencing of Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend (the scope of recommendations) / General Criteria for the Punishment of Indecent Act (the target of 13 years of age or older) / [1 month or year] mitigated area (the decision of sentence / Special Mitigation / The decision of sentence / The defendant committed an indecent act by getting off the victim's clothes from his/her clothes at the room where he/she is male-gu together with the male-gu / she has an interview with the applicable law of indecent act, and the degree of the indecent act is very serious. However, if the defendant has not yet completed his/her sexual moral sense, he/she is a young person under 19 years of age but only agreed with the victim, and if the conviction of the accused against the sexual crime subject to registration becomes final and conclusive, the defendant is obligated to submit personal information to the related agency pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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

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