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(영문) 울산지방법원 2016.09.29 2016고단1803
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On April 25, 2016, the Defendant was under confinement with the victim’s male relations by entering the victim’s sexual intercourse with “Curel” (Mur, 31 years old) 605, which is located in Yangsan-si B around 17:30 on April 25, 2016, and committing death of the victim.

“A person who died of an animal or plant.”

From the same day until 19:30 on the same day, “the victim was detained by threatening the victim to prevent the victim from leaving the above telecom for about two hours.”

2. The Defendant, who was forced to commit an indecent act, was detained by the victim on the same date and at the same place as above, and was aware of the victim’s “a man and a kisk.”

The male test is called "D......." and the victim forced the defendant, kisk, kisk, and talks about the relation of male who was off and kisking in front of the inside.

"..........................."

“In the absence of resistance by threatening the victim,” the victim forcedly committed an indecent act by having the victim go off all panty clothes with panty only.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes governing the publication of letters;

1. Relevant Article 298 of the Criminal Act, Article 276 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration as follows):

1. For the reason of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant, the accused shall repeatedly send a bath that the victim has no choice but to disappear in fear of fear for a considerable period of time due to inappropriate and excessive gathering of the victim who has already married to another person;

Intimidation, and the relationship with the past other people of the married victim, shall be set up, and the following clothes shall be exempted.

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