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(영문) 울산지방법원 2017.03.30 2016고단4314
강제추행
Text

A defendant shall be punished by imprisonment for six 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 October 29, 2016, the Defendant: (a) 22:40 on October 29, 2016, the victim D (the 37 years old) who is an acting engineer, was on board the Defendant’s car and was in the office of the Defendant, the purpose of which is the Defendant’s house, and committed an indecent act against the victim by having the victim’s side interest twice by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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 sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant while making a statement that constitutes sexual harassment against a female representative of the socially weak, and the Defendant expressed an desire to make a female representative of the socially weak by inducing sexual harassment and not paying the amount. Accordingly, the Defendant’s act of humiliation and hair is against a victim in a socially and economically poor position, and the victim did not receive a letter from the injured party. However, it is against the Defendant’s depth, it is a crime committed under the influence of alcohol, which committed under the influence of alcohol, with the lack of judgment ability and self-control ability, taking into account the fact that the Defendant was convicted of the criminal facts of sexual assault crime subject to registration of personal information before the instant case, the Defendant is subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the Defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of repeating a crime, health status, type, motive, process of the crime of this case, seriousness of the crime, and order of disclosure.

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