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(영문) 울산지방법원 2015.12.04 2015고합247

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 3, 2015, the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse at the Ulsan District Court on July 3, 2015, and the judgment became final and conclusive on September 25, 2015.

At around 13:50 on May 10, 2015, the Defendant: (a) reported the victim E (n, 12 years of age) who gets her goods together with her fluor at the convenience store of the 1st floor of the C building in Yangsan-si; (b) was her fluord with the victim with his her her her fluor, etc.; (c) was her fluor with the hand, etc.; and (d) again, the qui who carried her inside the convenience store became her fluor of the victim by hand.

As a result, the defendant committed an indecent act against a child or juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. An investigation report (Attachment of a photograph by cutting CCTV images at a DNA convenience store);

1. Application of statutes governing stenographic records;

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 relevant criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Probation under Article 62-2 of the Criminal Act;

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

1. Where a conviction becomes final and conclusive in relation to the crime in the instant case of the registration of personal information under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. The range of recommendations on the sentencing criteria [decision of types] sexual crime group, and