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(영문) 울산지방법원 2013.10.18 2013고합180

아동ㆍ청소년의성보호에관한법률위반(준강간등)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Criminal facts

1. At around 22:00 on July 201, the Defendant discovered the victim D (13 years of age) of his/her her her son and her her son and her her son and her son and her son and her son and her son and her son and her son and her son and her son and son were her son and her son and her son were her son and her son and her son was her son and her son and her son was her son and her son.

Therefore, the defendant committed an indecent act against the victim by taking advantage of the victim's state of refusing to resist.

2. At around 24:00 on September 201, 201, the Defendant discovered the above victim who was locked at the home of the above Defendant at his place on the part of the ward, had the mind to commit an indecent act against the female, and had the chest part of the female, who was in the state of failing to resist due to the face of her care, taken on his/her hand.

Therefore, the defendant committed an indecent act against the victim by taking advantage of the victim's state of refusing to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Video CDs;

1. Application of Acts and subordinate statutes governing recording statements;

1. Article 7(4) and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 10582, Apr. 12, 2011; hereinafter the same shall apply), Article 299 of the Criminal Act, the selection of imprisonment for a crime

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment specified for the crime of Article 1 which is heavier than the criminal administration);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Matters concerning the protection of children and juveniles against sexual traffic who are exempted from disclosure and notification orders;