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(영문) 울산지방법원 2017.02.17 2016고합398
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 5, 2016, the Defendant would purchase coffee from the victim E (name, age 14) and the victim F (age 15) in front of the D convenience store located in Ulsan-si, Ulsan-si, Ulsan-si, Seoul-si, without any justifiable reason.

With continuing the horses, the victim E was forced to write and rhy the left shoulder, and the victim F was forced to write his hand, and the victim F was forced to do so, and the victim was forced to commit an indecent act by force, such as going outside the other hand, and going to the shoulder of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of each statute to the defendant, E, and F

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act that select the relevant criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. According to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Sex Offenses of Children Exempted from Disclosure Order and Notification Order (the following circumstances acknowledged by the record, namely, the fact that all the Defendant recognized and reflected the instant crime; the degree of indecent act committed by the Defendant to the victims is relatively minor; and the process of the instant crime and the situation where the Defendant committed an indecent act in light of the following: (a) the Defendant appears to have somewhat weak intent at the time of committing the instant crime; (b) the Defendant’s personal information registration and participation in sexual assault treatment programs against the Defendant can prevent recidivism to a certain extent.

In full view of the fact that the defendant's personal information can not be disclosed, there is a special reason to not disclose it.

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