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(영문) 울산지방법원 2013.09.06 2013고합156
강제추행상해
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 18:05 on June 27, 2013, the Defendant: (a) at the automatic cash withdrawal machine located in Ulsan-gu C D located in Ulsan-gu, the Defendant: (b) had the victim E (at the age of 58) who was withdrawing cash, had the victim’s mind to force indecent act; (c) had the victim’s body sealed the victim’s body in the victim’s back, etc.; and (d) had the victim’s right chest by hand.

On the other hand, the Defendant continued to frighten the hand of the victim who frighten and frighten his chest, and frightened the victim’s head at one time, frighte and frighte twice by drinking the victim’s head, and knee and knee and fele the victim’s head at two times, and assaulted the victim’s side frighte and left frighte, and knee and fele the victim’s body, and frighte on the floor, the Defendant frighted the victim’s left chest and frighte of the victim’s body. The Defendant frighted the victim’s frighte with the victim’s hand.

As a result, the defendant forced the victim to commit an indecent act, and thereby, caused the victim to suffer injuries such as salt dump, tensions, etc. in need of medical treatment for about 21 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. CCTV screen:

1. Application of the Acts and subordinate statutes of the injury diagnosis certificate (65 pages of investigation records);

1. Article 301 of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning criminal facts and the choice of limited imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Where a judgment of conviction against a defendant on the criminal facts of the instant case involving the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information

The defendant's age, occupation, risk of recidivism, and exemption from disclosure and notification orders.

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