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(영문) 울산지방법원 2013.11.06 2013고합207
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Criminal facts

1. On February 22, 2012, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) committed an indecent act by force against the victim, who was a juvenile, by inserting hand on the side of his/her left side at the time when the said bus arrives at the D stopping place, while going on a C bus going through the port of Ulsan-gu, Ulsan-gu, Ulsan-gu, Ulsan-gu, Ulsan-dong, Ulsan-dong, Ulsan-do., Seoul-do., the Defendant committed an indecent act by force against the victim, by putting him/her over his/her panty by inserting his/her sexual part of the victim’s sexual part above the panty line.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act at Public Place);

A. On November 30, 2012, around 08:35, the Defendant: (a) was boarding a F bus going on the side of the Southern-gu, Ulsan-gu, Ulsan-do, Chungcheongnam-do; (b) on the side of the victim H (V) where the said bus was sitting on the right side of the said bus due to the passage of G around the time when G, the Defendant committed an indecent act by force by force against the victim by holding the victim’s left breast part of the bus on several hand on the left side of the said bus.

B. On December 13, 2012, around 08:25, the Defendant: (a) was boarding a bus C in Ulsan-gu, Ulsan-gu, Ulsan-gu, Ulsan-dong, Chungcheongnam-do; and (b) was committing an indecent act by force against the victim by forcing the victim by putting his hand in a bridge near the door of the bus's landing around the time I passed, after the victim J (L, 19 years of age) who was going to the door of the bus's landing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of prosecutorial statement concerning E;

1. Statement of each police statement to H and J;

1. Each report on investigation;

1. Application of the statutes governing the use of each CCTV photograph and each bus card;

1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act, and Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, respectively, concerning criminal facts.

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