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(영문) 울산지방법원 2017.09.14 2017고단2381
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On June 11, 2017, the Defendant 17:48, on the 17:48 side of the apartment site in Yangsan-si, followed the victim E (the name, the 20-year age) and followed the victim E (the 20-year-old age) in the apartment site, the Defendant put his hand in front of the settlement of the apartment, and her knife and knife the knife and the knife were recorded, and her knifed by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Application of CCTV Acts and subordinate statutes;

1. Article 298 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to Attend [Scope of Recommendation] The basic area (1-1 year from January to 1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (13 years or more) [Special Sentencing] No. 【Special Sentencing】 The Defendant’s decision is a very unfavorable circumstance that the Defendant committed an indecent act by deceiving the victim beyond his/her hand in his/her nearby the apartment house after he/she was identified as a victim and tried to drive away from the crime, and committing an indecent act. As such, the content of the crime is very active and indecent act is highly strong, and that the victim seems to have caused serious fear and sexual humiliation.

The sentence shall be determined as per the order, taking into consideration the fact that the defendant is physically disabled with falling intellectual ability and has no criminal history prior to the instant case, and that the victim was not punished by an agreement with the victim before the instant sentence was rendered.

Where a judgment of conviction against a defendant on the criminal facts in the judgment of a sexual crime subject to the registration of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article

The defendant's age, occupation, risk of recidivism, health status, and the case.

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