beta
(영문) 울산지방법원 2017.11.03 2017고합220

아동ㆍ청소년의성보호에관한법률위반(위계등추행)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On February 6, 2016, the Defendant: (a) around the new wall around Ulsan-gun apartment C, Ulsan-gun; (b) in the “ Taekwondo” operated by the Defendant on the apartment floor of Ulsan-gun, Ulsan-gun; (c) in the camp training course with the Taekwondo official, who was locked together with the Taekwondo official, and was a juvenile victim D (V, 11) who was a juvenile; (d) included the hand in the inner part of the victim; and (e) committed an indecent act by force.

As a result, the Defendant committed an indecent act by force on the part of the victimized person of the juvenile, from July 29, 2016 to July 29, 2016, committed an indecent act by force on the injured person of the juvenile.

Summary of Evidence

1. Each legal statement of E and F, part of G, legal statement;

1. Stenographic records of the statement made D;

1. An investigation report (in case of correction of the date of crime, attachment of the victim), an investigation report (in case of confirmation of the place of crime and a registration certificate), and an investigation report (in case of correction of the date of crime

1. The written opinion of a professional in the statement, a written confirmation for counseling on damage, and a written confirmation for counseling;

1. Application of Acts and subordinate statutes to pictures, copies of text messages, and photographs;

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 7 of the same Act, the selection of punishment for a crime, and the selection of punishment for a crime;

1. Aggravation of concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes committed on July 29, 2016, the largest penalty for which is provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse);

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

1. It is anticipated that the effect of preventing recidivism can be expected to be more effective even if the defendant has no record of punishment for a sex offense, and the defendant has completed the registration of personal information and the compulsory treatment for a sexual assault, as well as the registration of personal information in the case of the defendant, even though he/she has been exempted from an order of disclosure and notification;

In contrast, there is an offense against the defendant in a sexual crime.

evidence that may be specified by the person.