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(영문) 울산지방법원 2014.01.24 2013고합258
강제추행상해등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to two years of imprisonment with prison labor for six months at the Ulsan District Court on September 6, 2012, and the judgment became final and conclusive on September 14, 2012 and is still under probation.

【Criminal Facts】

At around 04:30 on September 5, 2013, the Defendant discovered L (n, 31 years old), which is under the influence of alcohol and makes mobile phone calls. The Defendant: (a) discovered the victim L (n, 31 years old); and (b) caused the victim’s desire to do so; (c) refused the victim’s refusal after driving his horse, and (d) sent his arms to the victim, and the victim’s face cannot be known that he was parked in front of the said truck; (b) towed the victim’s face to the back of the brea truck, where the number of the victim was unknown; (c) towing the chest one time more; (d) opened the chest of the victim’s chest; and (e) opened the victim’s chest with his chest; and (e) committed an indecent act on the part of the victim, thereby doing so for about 28 days and undermining the area of the victim’s face.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness L;

1. Statement of the police concerning L;

1. Investigation reports (in the face of a criminal suspect, CCTV photographs), investigation reports (in the face of a suspect), investigation reports (in the face of a suspect's escape route and specific circumstances), investigation reports (in the face of a criminal suspect's act by compulsion), investigation reports (in the face of a criminal suspect's act by compulsion);

1. Seizure records;

1. Eight copies of photographs and photographs of damaged part of the victim;

1. Each injury diagnosis letter;

1. Previous convictions: The defendant and defense counsel did not commit indecent acts by force against the victim regarding criminal records, career inquiry reports, investigation reports, and the assertion of the defendant and defense counsel;

It argues that there was no intention to commit indecent acts by compulsion.

According to each of the above evidence, after the defendant assaulted the victim, the defendant saw the victim's reputation and sloaks the victim's sound above clothes, and leads the flag victim to the underground parking lot of the neighboring building.

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