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(영문) 울산지방법원 2020.05.14 2019고단4177
강제추행
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who operates a “Csing shop” on the Southern-gu B and the fifth floor of Ulsan-gu, and the victim D (the age of 25) is a person who works for the said singing shop.

At around 02:40 on April 8, 2019, the Defendant asked the victim “Csing shop” to “Ipher Ip?” and the victim, “Ipnnnp? Ipnnnp? I am knp? I kn the face of the victim, forced him/herself to do so, knp his/her hand into the part of the victim’s inner clothes, and knp? I am knp? I am knp? I am. I am knp? I am knp? I am.” On several occasions, the Defendant committed indecent act against the victim by force.

Summary of Evidence

1. The application of each statute of the police officer’s written statement E and F to the defendant’s legal statement D;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The grounds for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities are that the Defendant forced the victim who was his/her employee and forced him/her to put his/her chest, and the nature of the offense is heavy.

However, considering the fact that the victim has not been punished against the defendant and the defendant has no criminal records, the sentence against the defendant shall be determined as ordered in consideration of all the sentencing conditions, including the defendant's age, environment, and circumstances after the crime.

Where this judgment becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

disclosure order; or

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