(영문) 울산지방법원 2018.08.23 2018고합146

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(영문) 울산지방법원 2018.08.23 2018고합146

강제추행등

Text

A defendant shall be punished by imprisonment for not less than one year 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

1. On February 5, 2018, the Defendant forced indecent act: (a) on the 5th floor of Ulsan-gu, Ulsan-gu, U.S. C2, and was seated on the 2nd floor of “D” and carried out drinking together with two employees of the Defendant, who were sitting on the side of the Defendant Nonparty E (V, 26 years old); (b) the Defendant was buckbucks inside the buckbucks; (c) the Defendant was bucked on three occasions on the part of the Defendant’s hand, but (d) the victim took her hand on three occasions again, but was forced by the victim to put her hand into the buck on the bucks. However, the part of the Defendant’s breast was forced to put her hand into the bucks.

Accordingly, the Defendant committed an indecent act against the victim E by force.

2. On February 6, 2018, at the same place as indicated in paragraph 1 at around 01:10 on February 6, 2018, the Defendant attempted to take a part in the victim’s knife or make an additional drinking while she was divingd, and to sit the victim’s knife on the side of the Defendant’s knife by attracting the knife of the her employee F (nife, 19 years of age, 19 years of age). The Defendant pushed the victim’s body into the knife, put the knife the victim’s body into the knife, put the knife, put the knife into the part of the victimized, put the knife, put the knife into the part of the victim’s knife, and put the victim out of the Defendant’s knife.

Accordingly, the defendant tried to rape the victim F's resistance by suppressing the victim F's resistance, but was attempted to commit such rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Application of the respective Acts and subordinate statutes of G and H

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act (the point of compulsory indecent act, the choice of imprisonment), Articles 300 and 297 (the point of attempted rape) of the Criminal Act concerning the crime;

1. Reduction of an attempted punishment: Article 25(2) and Article 55(1)3 of the Criminal Act (limited to an attempted rape);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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