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(영문) 울산지방법원 2016.04.21 2015고단3170
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is F Full-time professor in natural science of the E University, and Victim G (V, 39 years old) is a professor in the natural science department of E University, and is between the Defendant and the workplace.

On October 1, 2015, the Defendant: (a) returned home at around 03:10 on October 1, 2015, and, at the same time, she was able to sit at “I” at E University located in H; (b) the victim was knee and knee of the Defendant; (c) the victim was knee of the Defendant; (d) the victim was knee and kne; (e) the victim was kne, and the victim was fright to kne; and (e) the victim was fright to kne; and (e) the escape was intending to look at the victim’s chest; and (e) the victim was kneed.

피고인은 계속하여 도망가는 피해자를 쫓아가 붙잡으며 이를 뿌리치는 피해자의 손을 강제로 잡고, 팔짱을 끼며 어깨동무를 하였고, 같은 날 03:40 경 H에 있는 J 초등학교와 K 아파트 사이 도로 옆 인도 중간에서 피해자를 붙잡고 키스를 하면서, 바지 안으로 손을 넣어 피해자의 음부를 만져 피해자를 강제로 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police with respect to G or L;

1. Application of statutes to a copy of e-mail

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 stay of execution (General Consideration as follows):

1. Reasons for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend the Course [the scope of recommended punishment] Article 62-2 of the Criminal Act provides that there is no person [the person subject to special sentencing] in the basic area (six months to two years] (the person subject to special indecent act) under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend the course (the judgment of sentence is disadvantageous - the degree of indecent act such as inserting his hand inside the victim's seat although the victim expressed his/her intention of affirmative refusal, and thereby, the student and society should be seen to be a good example of sexual humiliation and self-esteem.

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