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(영문) 울산지방법원 2016.11.03 2016고단2763
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

On June 26, 2016, the Defendant committed an indecent act by force on the part of the victim C (a family name, leisure, 57 years old) who was operating the said car on behalf of the Defendant, within the B bargaining car owned by the Defendant, which was moving from the south-gu Incheon Metropolitan City to the upper Tri-distance from the south-gu Slockari-ri on the side of the Tri-gu, Ulsan-gu, U.S. to the upper Tri-distance.

(A) The prosecutor prosecuted the Defendant on the ground that he committed an indecent act with the victim’s chest as hythm, but the victim only stated that she was sweld with the victim’s chest as above, and there is no evidence to acknowledge that she was rhyd with the victim’s chest.)

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement made to C (alias);

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

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

1. The reason for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Indecent Act (the scope of recommending punishment) / [13 or more years of age] the basic area (the first to one year of age) of the first type of indecent act by compulsion (the special sentencing person / [the decision of sentencing] / The defendant's decision of sentencing is an indecent act and harassment against a woman engaged in the proxy driving business for his/her occupation within the enclosed vehicle, and the case cannot be deemed minor. However, in light of the legal attitude, the defendant seems to be seriously against the crime, the fact that the defendant reached an agreement with the victim during the investigation process, the fact that the victim committed a contingent crime by drunking personal information, and the fact that the defendant did not have the same criminal history or force as that of the previous sexual crime subject to registration of personal information, the defendant is obligated to submit personal information to the related agency pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the related agency.

An order for disclosure;

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