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(영문) 울산지방법원 2016.12.15 2016고단3208
강제추행
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

On August 16, 2016, at around 23:20, the Defendant forced the victim to commit an indecent act by putting his/her fingers in front of the victim E (the 30-year old age), who is an employee of the same workplace as the victim E (the 30-year old employee) in front of the victim E (the 30-year old employee).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 298 of the Criminal Act applicable to the crime, the choice of imprisonment

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Social Service and Order to Attend [the scope of recommending punishment] the basic area (one month to one year) of the crime of indecent act by force (the subject who is not older than 13) [Special Sentencing] (the decision of sentence] the Defendant’s decision to punish the victim who is a subordinate employee under his/her occupational direction and supervision, is forced to take care of the victim who is 18 years or longer old and is under his/her duty, and commits an indecent act by forcing him/her or her to take care of his/her chest in his/her clothes. In light of the nature of the crime, relationship with the victim, degree of indecent act, personal information is very poor, the accused’s reputation, prior to the crime, and the circumstance after the crime are suspected to have the character and conduct of the Defendant distorted, etc., the Defendant cannot be considered in light of the circumstances that are less favorable to the Defendant’s sentence, and the Defendant’s motive and character and conduct, etc.

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