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(영문) 울산지방법원 2016.06.30 2016고단1070
준강제추행
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete 40 hours of sexual assault treatment lectures.

Reasons

Punishment of the crime

On December 2, 2014, the Defendant came to know the victim B (at the time of committing the crime, 18 years of age) at the top-down store, and had known the victim B (at the time of committing the crime, she became aware of the age of 18).

On December 14, 2015, the Defendant, at around 02:00 on December 14, 2015, was under the influence of alcohol, was under the influence of alcohol with mar and panty of the victim while drinking alcohol together with the victim, was under the influence of alcohol. The Defendant was under the influence of alcohol, was under the influence of mar and panty of the victim, and was under the influence of mar and panty of the victim.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Video-recording CDs;

1. Application of Acts and subordinate statutes to expert opinions on sexual assault cases concerning statements of victims;

1. Relevant Articles 299 and 298 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

1. Reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order / [the scope of recommendations] There is no person [the person subject to special sentencing] in the basic area (six months to two years] (the person subject to special sentencing] of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order / The degree and form of conduct is very serious, and the case is very serious in that the victim is a minor who has a defect in hearing, and the case has expanded the damage by failing to show the victim's genuine reflectness and intention and color with the victim even after the occurrence of the crime - The defendant was subject to juvenile protective disposition on October 207 - All other circumstances, such as the defendant's age, sex, family relationship, family environment, motive and means of the crime, etc., and the punishment of sexual crime under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Registered Personal Information, which becomes final and conclusive.

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