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(영문) 울산지방법원 2016.12.22 2016고단3220
강제추행
Text

A defendant shall be punished by imprisonment for six 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 01:30 on September 12, 2016, the Defendant: (a) committed an indecent act by force against the victim by putting the victim’s face into a knife and having the victim’s chest and knife with the right hand, even though the victim F (at the age of 58) who operates the knife in Ulsan-gu Enoadong-gu, Ulsan-si; (b) had the victim’s chest and knife in a knife.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

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

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

1. Reasons for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [Scope of Recommendation Punishment] The basic area (1 to 1 year) of the crime of indecent act by force (13 years of age or older) [Special Sentencing] [Judgment on the sentence] The defendant's personal injury against the victim's will and commits an indecent act because the defendant was involved in the victim's injury. The degree of indecent act cannot be deemed to be minor. The victim was sold as "a woman who is her," or the victim's chest was stated in the related agency in this court, or it appears that the above crime was based on the sexual consciousness distorted by the defendant's serious distorted criminal records, but there are no criminal records of the same kind of sexual crime. As a result, the defendant's decision on the punishment of a sexual crime under Article 4 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is decided by mutual consent between the victim and the defendant and the defendant.

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