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(영문) 울산지방법원 2014.07.14 2014고합132

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is the father of the victim D (math, 16 years old), victim E (math, 11 years old), and victim E is the victim E with a disability of class 2 in intellectual disability.

No person shall commit any abusive act detrimental to a child's body or commit any emotional abusive act detrimental to the mental health and development of a child.

1. Child Welfare violation against victims E;

A. A. Around July 2013, the Defendant assaulted the victim by drinking and salivating the body of the victim on the ground that the victim E (at that time he was aged 11) was released from the inside of the F residence of Ulsan-gu, Ulsan-gu, for the reason that the victim E (at that time he was aged 11) was unknown.

B. On November 12, 2013, the Defendant assaulted the victim E (the age of 11 at that time) by drinking on the ground that the victim E (the age of 11) complained against the big leakage of the victim.

2. Violation of the Child Welfare Act against victims D;

A. A. Around December 2011, the Defendant: (a) caused a victim who was hidden under his/her book to out of the room on the ground that the victim D (at that time 14 years of age) was committed as a school problem at the above place; (b) assaulted the victim on two occasions by taking the victim’s hand and his/her head into account.

B. The defendant 1.B.

During the time, time, and place of the assaulting E, the assaulted the victim D (the age of 16 at that time) who took the assaulted in the above manner, making the victim D (the age of 16 at that time) faced with his/her clothes, in his/her hand.

As a result, the defendant committed abusive acts that harm the body of victims or emotional abuse that harms the mental health and development of victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D and G;

1. Application of the E’s statement-related Acts and subordinate statutes recorded in the video CD;

1. Each of the applicable provisions of the Child Welfare Act concerning facts constituting an offense are set forth in Article 71(1) and (2), Article 17 subparag. 3 (a) of the Child Welfare Act, Article 71(1) and (2), and Article 17 subparag. 5 (a point of emotional abuse) of the Child Welfare Act.