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(영문) 울산지방법원 2020.02.07 2019고합274
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

The accused shall be in institutions, etc. related to children and juveniles and welfare facilities for disabled persons.

Reasons

Punishment of the crime

Defendant

In addition, the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") reported the victim D (the 9 years of age) who is his or her wife (C), who is his or her dependent, frequently play in the defendant's home and well-being the defendant, and led the victim to commit an indecent act by force.

1. On July 2018, the Defendant: (a) around July 2018, at the Defendant’s residence located in Ulsan-gu E and F, Ulsan-gu around July 2018, discovered that the victim was reporting a cellular phone, leaving the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the victim; (b) carried the victim’s hand to the bend to the bend to the bend to the bend to the victim’s hand; and (c) carried the victim’s hand to the bend to the bend to the

Accordingly, the defendant committed an indecent act against a minor under 13 years of age.

2. 2019. 8. 23.경 범행 피고인은 2019. 8. 23.경 울산 북구 G H호에 있는 피고인의 주거지에서, 피해자가 거실에 누워 TV를 보고 있는 것을 발견하고 피해자에게 다가가 피해자를 안아 올려 방 안으로 이동한 뒤 피해자의 반바지 속으로 손을 집어넣어 피해자의 음부를 만지고, 피해자가 이를 피하여 방에서 나와 거실로 이동하자 재차 피해자 뒤쪽에 누워 몸을 밀착시킨 뒤 피고인의 바지를 내리고 성기를 꺼내어 피해자의 엉덩이에 수차례 비볐다.

Accordingly, the defendant committed an indecent act against a minor under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. The statement recorded by each victim, the CD and the statement stenographic records;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (to hear the I telephone statements of witnesses and recording of telephone contents);

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the choice of imprisonment with labor;

1. Of concurrent crimes, entry of Article 37 (former part), Article 38 (1) 2 and Article 50 (2) of the Criminal Act is heavier than that of concurrent crimes;

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