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(영문) 울산지방법원 2016.06.30 2016고단1351
준강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On November 23, 2015, the Defendant, as the president of the Chinese Language Department of D University, became a student of D University, to be employed in the E University located in South-si, South Korea, where students in Chinese language division of D University are exchanged, for the election of the principal of the above faculty.

On November 24, 2015, the Defendant: (a) after completing the absentee voting, she talked with the victim F (F, 22 years of age) who was born from a school at the nearest drinking house; and (b) returned to the dormitory for foreign students at the above school; and (c) while drinking two-lanes in the dormitory 315 room for a dormitory, the Defendant she spawned with the victim, male, family, etc. for her own interest.

A dormitory 320 entered a dormitory room.

The Defendant reported the victim who was locked at his bed, and tried to commit an indecent act against the victim. The Defendant exceeded the victim’s leging license and panty, and the Defendant exceeded the victim’s leging and panty, and met with the victim’s sound by hand. The Defendant her sexual organ was her part on the part of the victim’s sound.

As such, the Defendant committed an indecent act against the victim by taking advantage of the victim’s incompetence status.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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 against the Order to Attend [Scope of Recommendation] The basic area (six months to two years) (special mitigation) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (subject to 13 years or more) (subject to 13 years of age or older) shall be determined as the sentence as ordered by taking into account all the circumstances such as the following circumstances and the defendant’s age, sex behavior, family relationship, family environment, motive and means of the crime, and circumstances after the crime, etc.

The crime is committed, in which the male-friendly Gu of the victim was off of the victim's clothes in a room locked, and is indecent.

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