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(영문) 울산지방법원 2016.11.04 2016고합222
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

A prosecutor has instituted a prosecution for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, but it is difficult to find a guilty of the above facts charged, and it is recognized that only the facts charged in the crime of indecent act by compulsion in the judgment are guilty

However, the crime of indecent act by compulsion in the judgment is more minor criminal facts than the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the identity of the charges is recognized among the above two crimes, and it is determined that the conviction of the crime of indecent act by compulsion in the judgment does not give any substantial disadvantage to guaranteeing the defendant’s right of defense. Thus, the defendant is guilty without changing

On June 26, 2016, at around 19:50, the Defendant discovered the victim (or 18 years of age) who is seated near the lower door of the bus and was married in the F-ro, U.S. E, from the bus stops located in Geum-gu, Busan, U.S., the Defendant left the seat next to the victim.

Then, from 20:25 to 20:35 on the same day, the Defendant committed an indecent act by force against the victim by rhumbucking the victim’s chest, who was in the bus in the vicinity of the H2 institute located in Ulsan-gun G, Ulsan-gun, with the victim’s clothes after the locking of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Records of proceedings of statement;

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment of CCTV photographs for relevant buses);

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Where a conviction becomes final and conclusive on the criminal facts indicated in the judgment on the registration of personal information under Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused shall be punished, etc. of sexual crimes.

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