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(영문) 울산지방법원 2019.11.22 2019고합196
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 18, 2019, between 18:25 and 18:29, the Defendant discovered the victim D (one year old) of the Mar Park in Ulsan-gu, Ulsan-gu, U.S. and caused the victim's sexual desire and sexual desire, and then the victim's back side her own hand her part her part her part her part her part her part her part her part her part her part her part her part her part her part her part.

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

Summary of Evidence

1. Defendant's legal statement;

1. The statements made and records made and recorded by the victim D in a statement recording CD;

1. Each internal investigation report, each investigation report, and the report of the society before the request;

1. CCTV photographs, each photograph, and CCTV screen CDs;

1. Application of Acts and subordinate statutes to deal with 112 reported case lists, opinions, and certificates of medical records and certified copies;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as "period of probation") shall be provided with medical treatment and counseling related to sexual impulses, such as periodic mental and psychological treatment and psychological counseling during the period of probation, and the details of such medical treatment shall be submitted once a month to the probation officer each time;

1. The main sentence of Article 49 (1) 1 and the main sentence of Article 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, who are ordered to disclose or notify;

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(d) A sex offense subject to the age of 13 [Type 3] and a reduced element of indecent act by compulsion (special multiples): The recommended field and the recommended type where the degree of indecent act is weak.

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