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(영문) 울산지방법원 2016.05.03 2016고단443
준강제추행
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 27, 2016, the Defendant committed an indecent act against the victim, by inserting his fingers by using the victim’s pursuant to the influence of alcohol, in a new character car set up in the alleyway located in Ulsan-gu, Ulsan-gu, Seoul-do, and then cutting the victim’s chests into the Fmnas by driving the car again and moving the vehicle into the Fmnasium, cutting all of the victim’s shoulders, cutting off the strings, and putting the strings back on the part of the victim’s shoulders, rhyming the victim’s her son with his son, and hyming the victim’s son with his son, and inserting his sons into the Fmnasium.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to victims;

1. Relevant Articles 299 and 298 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (General Consideration as follows):

1. Reasons for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend [the scope of recommendations] under the general standard of sentencing [the grounds for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [the scope of recommendations]] In the mitigated area (one to one year in general) (the person subject to special mitigation] [the prosecutor asserts that the case is subject to "victims who are vulnerable to the crime," which is a special reason for special aggravation in the sentencing guidelines. However, the "victims vulnerable to the crime" in the sentencing guidelines refers to the case where the victim is vulnerable to the crime due to physical, mental, or physical disability, age, etc., and the situation where the victim is unable to resist by drinking only falls under the elements of the crime organization of the crime, and cannot be deemed to fall under the special reason for the above criteria which are elements of the sentencing] [the degree of punishment] and the degree of punishment is not easy, and there is a sexual moral sense between the defendant and the victim.

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