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(영문) 울산지방법원 2013.04.19 2013고합9
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 17:30 on March 26, 2012, the Defendant discovered the victim D (n, 9 years of age), E (n, 11 years of age) who was unsatisfying in front of the Ulsan-gun Catt, Ulsan-gun, Ulsan-gun, and caused the desire to do so, thereby accessing the victim D and making hyping the victim hyping, and hyping the victim hyping, one time on the part of the victim E. The Defendant committed an indecent act by force against the child victims, even in the case of the victim E who continued with the above D.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement of D and E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 7 (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11690, Mar. 23, 2013; hereinafter the same shall apply) and Article 298 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment specified for a crime with respect to D heavier than the criminal administration);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The main sentence of Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The Defendant and the defense counsel’s assertion as to the exemption from disclosure order and notification order under the proviso of Article 38(1) and the proviso of Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by a fine to the Defendant)

1. The summary of the argument is that the Defendant merely expressed that she is ear and bad to the extent that she does not go beyond the scope of her son and woman’s son’s expression to the victims, and thus, it is difficult to deem that the Defendant’s act does not constitute an indecent act but committed an indecent act against the Defendant.

2. The indecent act in the crime of indecent act by compulsion is an act that causes sexual humiliation or aversion to the public objectively and goes against the good sexual moral sense, and thus infringes on the victim’s sexual freedom.

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