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(영문) 울산지방법원 2014.11.07 2014고합284
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 24, 2014, at around 18:15, the Defendant, at the bus stops in front of the Ulsan-gu Seoul Building, “D” bus stops No. 413 (E) in order to report the victim F (16 years of age) who was waiting for another urban bus and was waiting for another urban bus after waiting for the bus at the bus stops, and the Defendant was able to commit an indecent act with the victim, and the victim was her her son’s her her her her son’s her son.

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. Statement of the police statement concerning F;

1. A report on internal investigation (in the form immediately before arresting a suspect, a photograph of a suspected bus before boarding and after cutting down), a warrant of seizure and replies (this card), a warrant of seizure and replies data (malib card), and a report on investigation (in the form immediately before arresting a suspect, a photograph of a transportation card which is a belongings is attached);

1. Application of Acts and subordinate statutes, 14 copies of photographs (No. 5 of the evidence list), 8 copies of photographs (No. 20 of the evidence list);

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. Mitigation of discretionary mitigation under Articles 53 and 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 consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of punishment] 1 year and 15 years [the decision of type] sexual crimes, general standards, the crime of indecent act by compulsion (subject to the age of 13 or more), and 2 types [the special person] mitigation element: Imprisonment [the scope of punishment] 1 year and 2 years (the scope of punishment is reduced to 2/3 as to the range of sentence in the mitigated area of type 2 as it is mitigation and indecent act by compulsion by juveniles) [the decision of sentence] Defendant is required to protect female juveniles from sexual humiliation and sexual acts by compulsion at public places and grow up to healthy members of society.

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