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(영문) 울산지방법원 2014.05.01 2014고단69
강제추행등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Around 1:00 on October 8, 2013, the Defendant: (a) while driving and working in the direction of the Vice Commissioner of the Dialial Police Agency in Ulsan-gu, Ulsan-gu, U.S. C, the Defendant discovered the victim F (25 years old) who was walking ahead of the Defendant; (b) was approaching the victim by driving the said OE 125cc and approaching the victim; and (c) led the victim by approaching the latter; and (d) led the victim by approaching the OE to the latter, the Defendant committed indecent act by force by force.

2. 피고인은 2013. 10. 8. 1:35경 울산 동구 G 앞길을 위 1.항 기재와 같이 오토바이를 타고 운전하여 가던 중, 피고인의 앞에서 길을 걸어가고 있던 피해자 H(여, 21세)을 발견하고 피해자가 왼쪽 어깨에 메고 있던 가방을 오토바이를 타고 가면서 낚아채기로 마음먹고, 피해자의 뒤쪽에서 오토바이를 타고 다가가 피해자의 가방을 오른손으로 잡아당겼으나, 이를 눈치 챈 피해자가 손으로 가방을 꼭 쥐어 낚아채지 못하였다.

As a result, the defendant tried to steals the victim's bank, but did not commit it but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I, F, and H;

1. Application of Acts and subordinate statutes to each investigation report (Attachment, such as attachment of photographs, J apartment CCTV photographs, etc., keys photographs, etc.);

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 298 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The Defendant, in the reason of sentencing of Article 62-2 of the Criminal Act and Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, selected a sentence of imprisonment with prison labor due to extenuating circumstances, such as: (a) the Defendant committed the instant crime against women who are mixed at night; and (b) brupt women in fear.

However, the fact that the victim F was smoothly agreed with the victim F, and the error is depthed.

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