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(영문) 울산지방법원 2018.12.20 2018고합185

아동ㆍ청소년의성보호에관한법률위반(준강제추행)

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 9, 2018, the Defendant was on board C urban bus platforms of Ulsan-gu Seoul Special Metropolitan City, a successful bus platform, and was seated next to the victim D (one-seven years old) who was seated in the second two seat following the bus rear in the direction of the bus.

The Defendant, at the time, was suffering from school uniforms and bucks, so the victim was able to know that he was a juvenile, despite the fact that the victim was able to have been able to take advantage of the situation where the victim was sloping and bucks so that the Defendant’s bridge was in contact with the victim’s bucks. While the bus passed through the road near the F high school located in Ulsanbuk-gu, Ulsan-gu., the Defendant rhumbbbbbbs.

Accordingly, the defendant committed an indecent act against the juvenile by taking advantage of mental and physical loss or the impossibility of resisting.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with respect to D;

1. A report on internal investigation (limited to attachment to the table for the handling of reported cases);

1. Application of Acts and subordinate statutes to investigation reports (as a result of polysphere testing);

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act, and the selection of fines concerning the crime;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The effect of preventing the Defendant from reoffending even if the Defendant has no record of criminal punishment for committing a sexual crime, the registration of personal information of the Defendant, and orders to complete a sexual assault treatment program can be achieved only by issuing an order to disclose or notify information, pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

The defendant's age, occupation, family relationship, social relationship, details and circumstances of the crime of this case, and other disclosure and notification orders.