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(영문) 울산지방법원 2013.10.25 2013고합189
강제추행치상등
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 28, 2013, at around 09:10 on June 28, 2013, the Defendant: (a) drive away the victim E (bee, 25 years of age) who runs away from the above stairs in front of the construction site of the building in Ulsan-gu D, Ulsan-gu; (b) caused the victim to kneeee by putting the panty of the victim in front of the victim’s pande.

The defendant continued to attract the panty of the victim into the panty by hand, so that the victim's panty can not resist, so long as the victim's panty is spanty, so that the victim can not resist, and then cut the victim's panty to the panty.

As a result, the Defendant forcedly committed an indecent act by putting the victim's panty knee in a panty leash with the victim's panty, thereby resulting in the victim's injury, kneeing, kneeing, kneeing, kneeing, and kneeing. The Defendant took the victim's panty panty tye (15,00 won purchase price) at the market price, which is the victim's ownership.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A photograph of the upper part of the building, a report on internal history (D apartment site), a photograph before and after committing a crime, a criminal suspect, a report on investigation (written confirmation of the victim's diagnosis and opinion), a request for cooperation in an investigation and a receipt of medical treatment, and a photograph of confirmation of the damaged articles in the rescue vehicle used for committing a crime

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Articles 33 and 33 of the Criminal Act concerning the crime, the choice of punishment, and Articles 301 and 298 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated aggravation of the punishment determined for the crime of bodily injury resulting from heavy indecent act by compulsion);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The defendant's injury resulting from indecent act by force among the crimes of this case involving the registration of personal information under Article 62-2 of the Criminal Act and Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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