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(영문) 울산지방법원 2016.06.10 2016고합61

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

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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

(a) On November 2, 2015, the Defendant committed a obscenity act by openly obscenity, such as leaving a bitular vehicle parked at a place to view it as an elementary school student at the street near the Nam-gu apartment apartment building in Ulsan-gu, Nam-gu, Seoul Special Metropolitan City (hereinafter “F”) on November 2, 2015.

B. On November 17, 2015, around 08:40, the Defendant committed a publicly obscenity act, such as getting off the road on which I (n, 23 years old) passed at the studio parking lot near H located in Ulsan-gu, Ulsan-gu, Seoul-gu, and shaking his sexual organ, on November 17, 2015.

(c)

On November 18, 2015, the Defendant committed an act of obscenity at noon time on November 18, 2015, by openly obscenity, such as unloading Do (n, 7 years of age) (i.e., a first school student in the vicinity of the J Elementary and Secondary School located in Ulsan-gu, Nam-gu, Ulsan-gu, Seoul-gu, Seoul-do, so that she can see her home and her home and her home and shaking the sexual flag.

(d)

Around November 30, 2015, the Defendant committed a public obscenity act on November 30, 2015, on November 30, 2015, around 16:10 around Ulsan-gu K apartment around Ulsan-gu 16:10 on Nov. 30, 2015, *** the victim of the defect in which L (the age of 15) desires to open the door door of this residence, left his seat and scam the scam.

Summary of Evidence

1. Statement by the defendant in court;

1. D stenographic records, L statements, and experts' opinions on sexual assault cases against children with disabilities;

1. A detailed statement of processing the case to be reported and each CCTV screen;

1. Application of Acts and subordinate statutes to report internal investigation (the analysis of ctv video recording data on the routes of internal investigation) (the same crime committed in the event of report 112 presumed to be committed), report internal investigation (the same crime committed in the event of report 112), criminal place (b) and report on investigation (the document attached to the above ctv counseling content);

1. Relevant legal provisions concerning the facts constituting an offense, Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Article 298 of the Criminal Act (the crime committed by compulsion against minors under the age of 13), Article 245 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (the most severe punishment) of the Criminal Code for the aggravation of concurrent crimes.