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(영문) 울산지방법원 2018.12.20 2018고단2307
강제추행미수
Text

A defendant shall be punished by imprisonment for six months.

A period of 40 hours shall be between the defendant's completion of the sexual assault treatment program and five years.

Reasons

Punishment of the crime

The defendant and the victim B (n, 21 years of age) are between the defendant and the victim (n, 21 years of age) and the school system from May 2015 to February 2016.

The defendant, at the time of teaching with the victim, takes custody of the body exposure photographs of the victim taken with the consent of the victim, while sending the above photographs to the victim by putting them into custody.

In order to receive a photographic photo and self-defense from the damaged person, he thought that he received a photograph from the damaged person.

On May 15, 2018, around 02:57, the Defendant sent a message to the Defendant’s home of the Defendant’s building C, Ulsan-gu, U.S., the Defendant sent a photograph of physical exposure of the said victim to the Defendant, and then distributed the above photograph of the Defendant’s body body’s body body and self-defense. However, the Defendant refused such message and received a photograph of the victim’s body body and self-defense.

As such, the Defendant attempted to commit an indecent act by threatening the victim, but did not commit it but did not commit an attempted act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Character messages and photographs;

1. Results of digital evidence analysis and one CD (in the case of defendant storage photographs 27 copies);

1. Application of Acts and subordinate statutes to investigation reports (Attachment, etc. of Contents of conversation between the accused and the injured parties);

1. Articles 300, 298, and 34 (1) of the Criminal Act relating to the facts constituting an offense / [Selection of imprisonment];

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. The reason for sentencing under Article 48(1) of the Criminal Act for the sentencing of Article 48(1) is that a person attempts to commit an indecent act by threatening the victim by holding the victim's exposure photographs, etc. of the previous female-friendly job offers of this case, and thus, the victim's mental impulse is highly likely to be criticized. Accordingly, the victim's mental impulse is limited to the victim.

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