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(영문) 울산지방법원 2017.06.29 2017고합86
아동ㆍ청소년의성보호에관한법률위반(준강제추행)등
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

The defendant is a relationship between the victim C (D) and the Internet club activities.

1. On March 1, 2016, the Defendant, at around 01:00, committed an indecent act against the victim’s sexual organ 2:02 Dong 510, a F dormitory in Ulsan-gu, Ulsan-gu, U.S., for drinking alcohol to the said dormitory. The Defendant, using the victim’s potential to resist with locked, committed an indecent act against the victim’s sexual organ 2:3 times and 17 years of age.

2. On December 10, 2016, the Defendant: (a) sent alcohol to the victim on or before the day immediately preceding the 03:00 on December 10, 2016; and (b) took the alcohol to the Hnnn in Ulsan-gu G, Ulsan-gu; and (c) took it together, and (d) took it to the victim who was flicked in the bed, “I will

“In response to the victim’s answer, the victim’s sexual organ was 18 times, and the victim’s sexual organ was forced to commit an indecent act on the part of the juvenile at 18 years.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation reports (as to the submission and analysis of tape-recording notes);

1. Application of Acts and subordinate statutes on recording;

1. Relevant provisions of the Act on the Protection of Juveniles against Sexual Abuse, and Articles 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act (a quasi-indecent act committed, a choice of imprisonment), Articles 7(3) and 298 of the Act on the Protection of Children and Juveniles against Sexual Abuse (a forced indecent act, a choice of imprisonment, etc.) concerning criminal facts;

1. Aggravation of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with the punishment prescribed for a crime of violating the Act on the Protection of Juveniles from Sexual Abuse against Children on December 10, 2016, whichever is heavier];

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. The term "child exempted from the disclosure order and notification order" under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse (the defendant's age, occupation and criminal record, and this shall be the same;

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