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(영문) 울산지방법원 2017.01.19 2016고단3590
강제추행
Text

A defendant shall be punished by imprisonment for six 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

At around 00:30 on August 23, 2016, the Defendant followed the victim D (Woo, 29 years old) who is mixed with the paths, and “I am a mixed person.”

The victim's right shoulder was rhymed and rhyd the victim's right shoulder, and the victim was forced to commit an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on field photographs;

1. Article 298 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend [Scope of Recommendation] There is no person who does not have a basic area (6-2 years to 13 years or more) (special sentencing person] (a decision of sentence] [a decision of sentence] that the defendant is likely to have committed an indecent act and a sense of sexual humiliation on the part of the victim, even though the victim had expressed his/her explicit intention of refusal, and even though he/she continued to commit an indecent act, he/she would have committed an indecent act and a sense of sexual humiliation on the part of the victim.

However, in consideration of the fact that the degree of indecent act is not severe, that is the first offender with no record of crime, that is in depth against the crime, and that prior to the instant case, an agreement has been reached with the victim, etc., the punishment shall be determined as per the order.

Where a judgment of conviction against a defendant on the criminal facts in the judgment of a sexual crime subject to the registration of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article

The defendant's entrance is due to the age, occupation, risk of recidivism, health condition, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, of the defendant exempted from disclosure order or notification order.

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