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(영문) 울산지방법원 2014.05.23 2014고합93

아동ㆍ청소년의성보호에관한법률위반(강간등)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 3, 2013, at around 7:50 on April 7, 2013, the Defendant: (a) landed with the victim D (the age of 14) who is a juvenile in Ulsan-gu C Building, the Defendant committed an indecent act by taking the shoulder of the victim who was in the elevator seat in the elevator seat into the part of the victim's shoulder so that the victim can get off from the elevator, and by taking the shoulder of the victim who tried to get off from the elevator, the Defendant committed an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E police statement;

1. Application of Acts and subordinate statutes to internal investigation reports (referring to CCTV images and CD attachments, if any);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Where a sentence of conviction is imposed on a person who committed a sex offense against a child or juvenile, as in the instant case imposing a failure to complete a program, pursuant to Article 21(2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, an order to complete a sexual assault treatment program shall be imposed pursuant to Article 21(2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; however, this case does not impose an order to complete a program pursuant to the principle of prohibition of disadvantageous alteration on the ground that the order was executed by trial upon the Defendant’s request for formal trial (see, e.g.

1. Where a judgment becomes final and conclusive as to the registration of personal information under the proviso to Article 38(1) and the proviso to Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by a fine against the defendant), the Defendant becomes a person subject to registration of personal information under Article 3 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by September 15, 201) and Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse.