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(영문) 울산지방법원 2016.09.29 2016고단1697
강제추행
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

On April 16, 2016, at the D hotel club located in Ulsan-gu, Ulsan-gu, Seoul-do, the Defendant found the victim E (one-eight years of age) who had danced on the table on which the Defendant was seated, and committed an indecent act by force against the victim by using the victim’s clothes with the victim’s own hand from the flick to the flive to the lower time.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 298 of the Criminal Act and the choice of punishment for the crime;

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

1. Reasons for sentencing under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to Attend Education and the Order of Community Service [the scope of recommended punishment] [13 or more years] of the basic area (13 or more years) [the person subject to special sentencing] of punishment is not punished [the person subject to sentencing] of the defendant who committed an indecent act against the victim because the defendant's sexual impulse, such as the victim's sound, etc., was sexually sensitive to the victim, and it seems that the defendant committed an indecent act against the victim, and the victim's considerable sense of sexual humiliation and mental impulse is likely to have been sexual humiliation and mental impulse. The defendant did not object to criminal information at an investigative agency and did not object to criminal information two times prior to the instant case, and there is a history of being sentenced to a fine of three million won or more as an indecent act similar to the instant case, and the defendant committed an act against the victim and the defendant under Article 4 of the Act on Special Cases concerning the Punishment of Sexual Crimes without considering the registration of the victim and the defendant.

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