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(영문) 울산지방법원 2020.02.17 2020고단224
강제추행
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall complete the sexual assault treatment program for 80 hours and each for 7 years.

Reasons

Punishment of the crime

【Criminal Force】 On March 29, 2019, the Defendant was sentenced to one year and six months of imprisonment for an attempted rape at the Ulsan District Court, and three years of suspended execution, which became final and conclusive on April 6, 2019, and is still under suspended execution.

【Criminal Facts】 On December 1, 2019, the Defendant committed an indecent act by force against the victim, on the following grounds: (a) around 01:25 December 1, 2019, the Defendant: (b) reported that the victim D (tentative name, leisure, 2 years old) who has been on board the same bus as a passenger was getting out of the bus; and (c) the victim was forced to stop from the bus in front of the victim; (d) the victim was forced to use two arms; and (e) the victim was able to attract the victim again, and the victim was forced to receive the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. On-site and bus boom CCTV photographs;

1. Previous convictions: Criminal records, investigation reports ( fact that the criminal defendant is still under probation period), and application of a copy of judgment;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense;

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

1. Although it is recognized that the crime of rape or indecent act is divided after the crime of the defendant on the grounds of sentencing as prescribed by the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, and Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the victim and his family members agree to ensure that the defendant does not repeat the crime of this case even though he had been punished for a sex offense against the defendant, he again left the crime of this case during the period of the suspension of the execution, and both the previous case and this case committed the crime of attempted rape or indecent act against the female who was married from the bus at the night, and it is more likely that the occurrence of any more severe result is made.

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