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(영문) 울산지방법원 2018.05.10 2018고합61
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. Around November 22:15, 2017, the Defendant: (a) reported the Victim E (A) who is a juvenile in the vicinity of the D Station located in Busan Northern-gu, Busan, on November 22:15, 2017; and (b) called “packer E”; and (c) the victim respondeded to “19 suicide, 3 mackers,” and the victim respondeded to “19 packer”.

The term “salon thickness” was called “salon thickness.”

Accordingly, the defendant recommended the victim to sell sex to the victim for the purpose of morale of the victim who is a child or juvenile.

2. Around November 22:17, 2017, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) committed an act in the vicinity of the events held in front of the said D Station, in order to avoid the Defendant, the victim E (the 18-year-old age), who is a juvenile, was walking in the direction of the D Station square, according to the victim who was walking in the direction of the D Station in order to avoid the Defendant, and entered the elevator with the victim boarding the elevator, followed the victim boarding the elevator, and followed him/her into the elevator, and led him/her to a single part of the victim’s body by pushing him/her with the victim.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report internal investigation (on-site inspection, verification of surrounding CCTVs, and application of statutes to specific suspects);

1. Relevant Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 298 of the Criminal Act; Article 13(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and the choice of imprisonment, respectively, for the crime;

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37 and Article 38 (1) 2 of the Criminal Act [the aggravated punishment shall be limited to the sum of the long-term punishments of the above two 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 (the following sentencing) provides for suspension of execution.

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