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(영문) 울산지방법원 2017.06.29 2017고합133
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On February 4, 2017, around 02:45, the Defendant: (a) reported the victim E (one, nine years of age) who was divingd in a soup room located in Dong-gu, Ulsan-si, Ulsan-si; (b) and (c) sited back next to the victim and laid his hand into the part of the victim; and (d) laid down his knick and knick into the part of the victim.

Accordingly, the defendant committed indecent acts by using the victim's state of resistance which is under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. A report on internal investigation (referring to the verification of CCTV at the scene of crime, etc.);

1. Application of Acts and subordinate statutes (No. 5 No. 1) to a CCTV screen closure;

1. Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act concerning criminal facts;

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

1. In full view of all the circumstances such as the Defendant’s age, occupation and criminal record, details of the instant crime, anticipated effect and side effects of the disclosure order, etc., there is a special circumstance that may not disclose the Defendant’s personal information, taking account of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the disclosure order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children against Sexual Abuse (the Defendant’s age

The reason for sentencing

1. Two years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor in Acts;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Type 3 of a sex offense subject to the age of 13 and the general standards therefor;

B. There is no special sentencing factor

(c) Basic area of the recommended range of punishment (limited to 4 years to 7 years);

3. Circumstances disadvantageous to the decision of sentence: The crime of this case is committed by forced indecent act by inserting hand within the part of the victim under nine years of age who was locked by the defendant in a soup room, and is very poor.

The victim is the crime of this case.

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