logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.10.06 2016고단2319
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

At around April 21, 2016, the Defendant committed an indecent act by force, such as: (a) the victim D (one person, other person, and 45 years of age) who is an employee and drinking, and (b) the victim was under the influence of the victim, and (c) the victim was under the influence of drinking, and (d) the victim was under the influence of the victim’s chest by leaving the sect, and (e) the victim was under the influence of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to D;

1. Article 298 of the Criminal Act applicable to the crime, the choice of imprisonment

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

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to the Punishment, etc. of Sexual Crimes provides that the degree of indecent act in this case is very serious, such as off the clothes of the victim and leaving the chest, etc., the defendant's criminal investigation agency denies the crime and causes secondary damage while denying the crime, etc. The defendant is late and against the defendant in this court due to unfavorable circumstances. The crime committed by an entertainment receptionist against the victim under the influence of alcohol is a contingent crime under the influence of alcohol, the victim and the victim have agreed smoothly, and the defendant has no record of the same kind of force, and if a conviction against the defendant becomes final and conclusive, the defendant is a person subject to the registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the defendant is obligated to submit personal information to the related agency pursuant to Article 43 of the same Act.

Personal information is personal information when comprehensively considering the defendant's age, occupation, risk of repeating a crime, health condition, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration which can be achieved due to such order, the effect of protecting the victim, etc.

arrow