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(영문) 울산지방법원 2017.02.23 2016고단4144
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On November 7, 2014, the Defendant was sentenced to a suspended sentence of three years and six months, and the said judgment became final and conclusive on November 15, 2014, for a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act by blood) at the Ulsan District Court, and is currently under suspended sentence.

【Criminal facts】 The Defendant is the father of C(7) who is a victimized child.

1. On June 2016, the Defendant, at around 20:00, committed sexual abuse, such as sexual harassment, etc., which causes a sense of sexual humiliation, by inserting the victim’s sexual organ into the victim’s panty in a manner that takes custody of the victim’s sexual organ by inserting her hand into the victim’s panty, when the victimized child is divingd in the Defendant’s house room located in Ulsan Central District, Ulsan-gu D 304, Ulsan-gu, 2016.

2. On July 2016, the Defendant committed sexual abuse, such as sexual scars, which caused a sense of sexual humiliation to children, by inserting her hand into the victim’s panty in which television was reported at the same place and only by taking the victim’s sexual organ for approximately 1-2 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of C’s stenographic records and statutes;

1. Article 71 (1) 1-2 and subparagraph 2 of Article 17 of the Act on the Punishment of Children and Child Uniforms, which are applicable to the facts constituting an offense;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are the facts that the defendant committed an indecent act by force against the child, who is a child, and the probationary order was rendered. The above sexual abuse committed again during the probation period, and the above sexual abuse appears to have been repeated not only once as stated in the facts charged, but also several times, and the above sexual abuse appears to have a risk of causing considerable harm to the sound growth and development of the victimized child in this case. However, the crime itself is under time, and if this decision is finalized, two years and six months are sentenced to imprisonment.

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