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(영문) 울산지방법원 2015.10.08 2015고단1564
강제추행
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 29, 2015, the Defendant, at around 09:00, committed an indecent act by force against the victim E (the 17 years old) who was locked by taking soup from the Defendant’s side to make soup of the 5th floor soup Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro bro Doro bro Doro bro Doro Doro na na

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a criminal investigation report (Attachment of site photographs, ten copies of photographs);

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62-2 of the Criminal Act;

1. The reason for the sentencing of Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on Probation and Order to Attend (Scope of Recommendation / [The scope of punishment / [13 years of age or older] the mitigation area (1 month or year to 1 year), the mitigation area (special mitigation / [the decision of sentence] the defendant seems to repeat the same crime, and it seems that the crime's nature and criminal situation are poor because the part and degree of indecent act are not less severe, and that the victim's mental impulse was disadvantageous to the defendant.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant is against the defendant, the fact that the defendant has agreed with the victim, the fact that he does not repeat the crime by receiving a mental therapy, etc., the punishment as ordered shall be determined by taking into account various sentencing conditions that are shown in the records, such as the age, character, conduct, environment, family relationship, health conditions, etc. of the defendant.

Where a conviction becomes final and conclusive on a sex crime stated in the judgment that is subject to the registration of personal information, the accused shall be punished for the sexual crime.

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