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(영문) 울산지방법원 2015.09.10 2015고단1099
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment with prison labor for four 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

At around 05:40 on March 24, 2015, the Defendant discovered the victim E (the age 53) who was sitting up in the 4th floor "D," located in Ulsan Jung-gu, Ulsan-gu, with no location of lower clothes, and was suping soup in a suping fry fry, and was suping up to the 53 years of age, and was suping. The Defendant suping up the Defendant’s hand by making up the Defendant’s hand and suping up the buck and drinking part of the victim’s bucks.

As a result, the Defendant committed an indecent act against the victim who was locked in soup, a soup place that is a public gathering place.

Summary of Evidence

1. Legal statement of witness E;

1. Statement to E by the police;

1. Each police statement of the defendant;

1. Application of Acts and subordinate statutes of an investigation report;

1. Article 11 of the relevant Act on Criminal Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 62 (1) of the Criminal Act;

1. The defendant and his defense counsel's assertion on the argument of the defendant and his defense counsel under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed an indecent act by the defendant and his defense counsel, despite being aware that the defendant was under the influence of alcohol and did not have committed an indecent act by intentionally drinking the victim's body part, but the defendant's hand did not have a part of the victim's body. However, the records revealed as follows: ① the victim's statement from the investigative agency to this court is relatively consistent with the situation where the victim was committed an indecent act and the circumstances and process leading the defendant to the investigation agency to report to the investigation agency; ② The victim did not have any special circumstance to gather the defendant; ② The victim did not appear to have any false statement even if the victim took charge of the above evidence or the punishment; ③ the defendant also contacted the victim's body by the investigative agency beyond the victim's hand.

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