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(영문) 울산지방법원 2014.03.28 2013고합371
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment for two years from the date the judgment of this case became final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. On October 7, 2013, around 22:35, the Defendant: (a) stated that “F” restaurant located in Ulsan-gu, Ulsan-gu, U.S. E is “F; (b) 13 years old; (c) knife the victim’s hand; (d) knife the victim’s hand; and (d) knife the victim’s hand into the victim’s left knife., and knife the victim’s hand.

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

B. On October 8, 2013, around 17:30 on October 17, 2013, the Defendant committed the crime against the victim G at the He apartment playground in Ulsandong-gu, Ulsan-gu, Seoul-gu, with the fluorgic acid of the victim G (at the age of 14), brought the victim's arms back to the back, and brought them back to the victim's face.

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

2. On October 12, 2013, the Defendant: (a) at the entrance of the I market in Ulsan-gu, Ulsan-gu, U.S., U.S. on the part of October 18:45, the Defendant: (b) told the victim J (W, women, 39 years of age) who was walking earlier to “one time,” and (c) committed an indecent act by force against the victim by his/her her her son.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to D, G and J Acts and subordinate statutes

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 298 of the Criminal Act, and Article 298 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the aggravated punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (an aggravated punishment for concurrent crimes as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse against which the largest punishment and punishment are imposed);

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. Suspension of execution on January 1, 198, Article 62(1) of the Criminal Act (hereinafter referred to as “the grounds for a two-dimensional sentence”), which is favorable.

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