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(영문) 울산지방법원 2020.06.26 2020고합82
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to one year and six months of imprisonment for a crime of assault at the Ulsan District Court on April 17, 2018 and completed the execution of the sentence at the port prison on October 13, 2019 and is currently under repeated crime period.

【Criminal Facts】

On March 13, 2020, the Defendant: (a) around 18:20 on March 13, 2020, around Ulsan Metropolitan City bus B located in the north-dong, Ulsan Metropolitan City, where the Defendant was operating in the vicinity of the filial length street in the north-dong, Ulsan Metropolitan City bus B; (b) was sitting down on the side of the victim C (a child or youth, 16 years old), who is a child or youth, and was pushed down the body, and (c) was hicked by the victim, who was fluent by his/her own hand, so that the victim could get off the body.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to C by the police;

1. 112 reported case handling table;

1. Investigation report (Analysis of CCTV images in buses), analysis of CCTV images in B buses, and CCTV in B buses;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (prior records and attachment of repeated judgments) and statutes;

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. An order for disclosure and notification is deemed to have the effect of preventing recidivism even by completing registration of personal information of the Defendant and sexual assault treatment programs on the part of the former Child and Juvenile Protection Act (amended by Act No. 16622, Nov. 26, 2019). The Defendant’s age, occupation, social relationship, details and details of the instant crime, method and consequence of the instant crime, and other disclosure orders and notification orders.

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