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(영문) 울산지방법원 2013.04.26 2012고합553
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

Around 18:00 on October 21, 2012, the Defendant reported that the victim D (the 17-year old-old) was mixed in the Gussia room in Ulsan-gu C5th, Ulsan-gu, Seoul-gu, 2012. Around October 21, 2012, the Defendant reported that the victim D (the 17-year-old-old-old-old-old-old-old-old-old-old-gu) was able to cause the victim's losses by taking the victim's losses by taking the victim's losses, and the victim demanded the victim's losses to bring the victim with the victim's losses. However, the victim's promise to inform the victim of his/her losses, which means that the victim is able to write the victim's losses and write down the victim's k with his/her losses for three years, and that the victim's indecent act is forced by forcing the victim to do so.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of the police statement law to D;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The grounds for sentencing on the grounds of the proviso of Article 38(1) and the proviso of Article 38-2(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by a fine to the defendant), are as follows: although the crime of this case is not good due to indecent act against children and juveniles, the degree of exercise of the accused’s tangible power or indecent act is not much excessive; the defendant does not want the punishment against the defendant by mutual consent with the victim; the defendant is the first offender and the defendant is against his/her mistake; and other circumstances constituting the conditions for sentencing as indicated in the instant case, such as the defendant’s age, character and conduct, and conditions after the crime.

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