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(영문) 울산지방법원 2017.07.14 2016고합437

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

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

around 07:30 on September 17, 2016, the Defendant: (a) while drinking alcohol together with the victim E (name, fel, 17 years of age) and drinking together; (b) took a bridge, such as the victim’s left buckbuck and knee; (c) took the victim’s outbreak and hand on one occasion; (d) continued to take the victim’s back and hand on one occasion; and (e) committed an indecent act by force against the victim, who is a child or juvenile.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of the relevant criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Where a conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment on the registration of personal information under Articles 21(2) and 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act

The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the type and degree of conduct exercised by the defendant are relatively minor, the defendant is the primary offender, the defendant is contingent, and he/she commits a crime in a contingent and shock manner, and there is a wall to commit a sexual crime.

In addition, the defendant's age, occupation, family environment, background and result of the crime of this case, the disclosure order or notification order of this case is disadvantageous to the defendant.