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(영문) 울산지방법원 2017.06.15 2017고단1278
강제추행등
Text

A defendant shall be punished by imprisonment for not less than five 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. The Defendant, on April 20, 2016, committed an indecent act by compulsion against the victim on six occasions, from September 2016 to September 2016, 200, by attempting to clean the place at the workplace of the victim C (k) in Ulsan-gu B and 102, Ulsan-gu B and 102 on the date on which the victim’s sensens were sexually committed on six occasions, such as the list of crimes in the annexed list of crimes.

2. On March 26, 2017, the Defendant infringed upon a residence with the victim D(43 tax) located in Ulsan-gu, Ulsan-gu around 10:00, and had been placed in the residence of the victim D(43 tax).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to C (tentative name) and D;

1. Relevant Article 298 of the Criminal Act concerning the crime, Article 319 (1) of the Criminal Act (a point of intrusion upon residence), and the choice of imprisonment with prison labor;

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 suspended execution;

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a lecture are heavy;

Although it is not possible to see, there is a repeated indecent act that the defendant gets her her traw, but it is disadvantageous that the defendant has repeatedly committed the indecent act with the victim's her traw, and that the victim has invadedd the D's house

However, in the process of investigation, it is difficult to view that there is an attitude to recognize and reflect the crime from the time of investigation, that it is the first offender who has no record of crime, that the degree of criminal conduct is very strong, that the victim C (a person under provisional name) does not want to punish the defendant, that the act of intrusion is not for the purpose of additional sexual crimes against the victim, and that it is not for the purpose of additional sexual crimes against the victim, etc., the punishment shall be determined

If a conviction against a defendant is finalized on the criminal facts stated in the judgment on a sexual crime subject to the registration of personal information, the defendant shall be subject to special cases on the punishment of sexual crimes.

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