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(영문) 울산지방법원 2017.01.12 2016고단4173
강제추행등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On October 22, 2015, the Defendant committed the crime of October 22, 2015: (a) around 23:30 on October 22, 2015, the victim E (the victim, the 28th age), who was waiting for a clerical error, sees sound in the side column of the Defendant, and sees the victim’s chest in front of the common side column where the victim, who was pushed the victim with the defect that the victim intends to open a door, was pushed up with the victim’s chest, and the victim’s chest was pushed up with the victim’s chest, and the victim was able to escape with the victim’s hand, and the victim was able to escape with the victim’s hand.

As such, the Defendant intruded into public toilets with a view to satisfying his sexual desire, and committed indecent act against the victim.

2. On September 1, 2016, the Defendant: (a) around 22:55 on September 1, 2016, 2016, when she was in front of a female toilet of G 1st floor in Yangsan-si, G F, and came into the above toilet in order to satisfy sexual desire as set forth in paragraph (1); (b) and (c) in order to hear the sound of the victim H (the name, the 21-year age), who was waiting for a clerical error, was in front of the common gate where the victim was waiting for a clerical error; and (d) went into the front of the common gate where the victim was able to open a door and run away after being under the influence of the victim.

As such, the Defendant intruded into public toilets with a view to satisfying his sexual desire, and committed indecent act against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made with respect to H and E;

1. Application of the Acts and subordinate statutes to each CCTV-free photograph and photographs at the scene of crime;

1. Relevant Article 298 of the Criminal Act concerning the crime, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the choice of imprisonment with prison labor for each type of crime;

1. The aggravated Criminal Act for concurrent crimes.

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