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(영문) 울산지방법원 2017.02.10 2016고합349
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On August 1, 2016, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) committed an indecent act against a juvenile victim, i.e., a juvenile victim, by approaching the Defendant’s operation on the Yangsan-si C and the second floor of Yangsan-si, and by approaching the Defendant’s Defendant’s operation on the second floor, i.e., giving him/her the victim’s hump by gaining his/her hump by approaching the Defendant’s hump victim F (the 16-year old hump, 16-year hump).

2. A singing practice room business operator who violates the Music Industry Promotion Act shall not sell or provide alcoholic beverages;

However, the Defendant employed G workers, at around 00:30 on August 1, 2016, sold 2 cans equivalent to the market price of 8,000 won to three customers, such as name-free places, and 00:30 on the same day, 5 cans equivalent to the market price of 35,000 won to 11 customers in the same place.

The Defendant, in collusion with G, sold alcoholic beverages at a singing practice place.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Each police statement made to F (name), H, and I;

1. The application of the 112 Report Processing List, the author's book, the internal report, the field photo, the singing practice place business registration certificate, the business registration certificate, and the CCTV screen-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 34(3)2 and Article 22(1)3 of the Music Industry Promotion Act, Article 30 of the Criminal Act, and each choice of imprisonment with prison labor, for the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be made within the extent that the sum of the long-term punishments of crimes of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, with heavier punishment, is aggregated);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Order to complete a program, the Act on the Protection of Children and Juveniles against Sexual Abuse;

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