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(영문) 울산지방법원 2018.07.05 2017고합321

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)

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

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of 8 months of imprisonment with prison labor due to a special injury by the Ulsan District Court on March 23, 2018, and the said judgment became final and conclusive on March 31, 2018, and is currently under the suspended sentence.

[Criminal facts] The Defendant is a driver of a vehicle in the Taekwondo Institute, and the victim B (the age of 12) is a student of the same driving school.

On December 15, 2016, the Defendant: (a) entered the parking lot for the apartment building in Ulsan-gun, Ulsan-gun, Seoul Special Metropolitan City, into a driving school from the vehicle; (b) discovered the remaining victims in the back seat of the vehicle; and (c) sit down in the side of the victim.

A kis on the victim’s kis, the victim kis, and kis on the part of the victim, and kiss on the part of the victim, and kiss on the part of the victim, the kiss. The victim rejected the kis, thereby making the kis.

Accordingly, the defendant committed an indecent act by force against the victim under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, B, and G;

1. B's statements and stenographic records recorded in each video CD;

1. Opinion of expert in statement analysis prepared by E, and notice of the results of statement analysis prepared by F;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Relevant Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and selection of imprisonment with prison labor;

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

1. Article 62-2 (1) of the Criminal Act on the community service order;

1. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant shall be subject to criminal punishment against sexual crimes) exempt from an order to disclose or notify information;