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(영문) 울산지방법원 2019.06.12 2019고합117
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 December 14, 2018, around 18:00, the Defendant discovered the victim D (one’s name, one’s age, 13) who visited the above convenience point, and the victim’s conduct of work, and found the victim’s “whether they will go to the military, and what they would go to the military,” followed the victim’s answer to “I am going to the military,” and recommended the victim to leave the taxi, and then the victim left the taxi with his cell phone.

The Defendant, in front of the above convenience point, was waiting for a taxi along with the driving of the victim and the victim in front of the above convenience point, met twice the victim's right shoulder by cutting down the victim's right shoulder, breaking down the victim's right shoulder continuously with the left hand, and breaking down the victim's right chest into clothes.

Accordingly, the defendant committed indecent acts by force against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to report internal investigation (the investigation, etc. against taxi engineers, the investigation into confirmation of a credit card approval number, the attachment of a seizure warrant and reply materials, etc., the investigation into the specific criminal suspect, the investigation into attachment of a copy of a national card);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. There is no record of criminal punishment for a sex offense under the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempt from disclosure and notification orders and employment restriction orders, and the degree of indecent act in the instant crime and the exercise of force is relatively easy, and the registration of personal information of the Defendant and participation in the sexual assault treatment lectures.

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