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(영문) 울산지방법원 2017.07.20 2017고단1775
강제추행등
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

1. On January 10, 2017, the Defendant forced indecent act: (a) at the D main points in the operation of the Victim E in Ulsan-gu, Ulsan-gu; (b) around 23:33 on January 10, 2017, in which the said C and his/her employees drink with the victim E (the victim E (the 53 years old), and drinking with the above C’s seat while drinking with the said C, her finger, her kbbb and her chest, and her chest with other hand, and commits an indecent act against the said C; and (c) he/she was seated in the next part of the said E and her flab, thereby committing an indecent act.

In other words, there was an indecent act by force against the above E, such as plucking, plucking, assaulting, assaulting the fingers of E, cutting the chests of the above E with his hand, putting the fingers in a flash with the flash, and cutting the sounds of the E.

2. The Defendant interfered with the duties of the Defendant, at the time, at the place, and at the time, at the charge No. 1, obstructed the Victim C’s main operation by force by force, by leaving the customers on other tables, who committed singinging while taking a bath for the instant year, including the following: “I am, I am, I am, I am, I am, I am, I am, I am.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of statutes on field photographs;

1. Relevant Article 298 of the Criminal Act, Article 314 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

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

1. Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order to Attend (the Defendant was in a state of mental or physical loss or mental weakness due to drinking alcohol at the time of the instant crime. However, according to the evidence revealed above, although the Defendant was somewhat drinking at the time of the instant crime, it is not recognized that the Defendant did not have the ability to discern things or make decisions, and thus, the above assertion is rejected.

The degree of indecent act in sentencing is very important, and the defendant is above.

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