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(영문) 울산지방법원 2016.12.16 2016고합304

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)

Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. From November 2015 to December 12, 2015, the Defendant, at the Ulsan-gu apartment management office, has a relationship with the father of the victim E (seven years of age) at the Dong-gu apartment management office, and, at the same time, the victim’s sexual organ was reported to the victim’s sexual organ, and the victim was reported to the management office of the victim, and the victim was reported to the victim’s sexual organ, and the victim was in the presence of the victim.

In order to show the sexual organ, the victim was indecently committed by force.

2. From November 2015 to December 12, 2015, the Defendant: (a) had the victim play together with his/her play and play mobile games at the same place; and (b) had the victim do an indecent act by force on the part of the victim by making the victim play together with his/her play at the same place; and (c) having the victim go back with his/her sexual organ.

3. From February 2016 to March 2016, the Defendant: (a) had the victim play together with the driver and play mobile games at the same place; and (b) had the victim play the game again; and (c) had the victim talked with his sexual organ, thereby committing an indecent act by force against the victim by force.

4. From February 2016 to March 2016, the Defendant: (a) had the victim play together with the driver and play mobile games at the same place; and (b) had the victim play the game again; and (c) had the victim talked with his sexual organ, thereby committing an indecent act by force against the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The statement of each police officer made to F and G;

1. Stenographic records;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment of such crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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