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(영문) 울산지방법원 2016.02.05 2015고합217
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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Defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant is a person who is a diplomatic mission of the victim F (V, 11 years old).

1. On February 1, 2015, at around 17:00 to 21:00, the Defendant committed an indecent act by gathering the Defendant’s hand on the part of another victim or by gathering the victim’s hand on several occasions, with the victim and the victim’s Ha, who had been going to take extracurricular lessons, while taking extracurricular lessons together with the victim and the victim’s Ha, who was going to take extracurricular lessons. The Defendant committed an indecent act by taking the victim’s hand on the part of another victim’s body by reporting the victim who was seated in the Defendant’s side, and by taking the victim’s bath at the same time.

2. On February 17, 2015, between around 18:00 and around 19:00, the Defendant committed an indecent act, such as: (a) the Defendant: (b) committed an act by inserting one hand into the right side of the damaged person; (c) the Defendant committed an indecent act by inserting one hand into the victim’s sect, thereby leaving the damaged person at the right side of the damaged person; and (d) the Defendant committed an excessive act by taking the damaged person’s sect with the victim’s sect.

3. On February 18, 2015, at around 15:30, the Defendant: (a) committed an indecent act in a manner that sets the victim’s breast-gu, Ulsan-gu, U.S. I’s residence with the victim and the victim’s Ha while taking out the extracurricular classes; (b) caused the victim’s cresh to go out of the diving; and (c) prevented the victim from bringing his hand to the shoulder of the victim who was seated on the part of the Defendant by taking advantage of the cresh; and (d) committed an indecent act, such as taking the victim’s hand into the victim’s inner part, and making the victim use his hand from the part to the right edge of the victim’s part.

Accordingly, the defendant committed assault against a minor under the age of 13 on three occasions in total.

Summary of Evidence

1. Each legal statement of J and K;

1. The statement made by the victim F in the video CD in the victim's statement;

1. Application of statutes on experts' written opinions on sexual assault against children or disabled persons;

1. Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Criminal Crimes, and the Criminal Act.

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