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(영문) 울산지방법원 2017.08.10 2017고합132
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Around 13:00 on November 21, 2016, the Defendant reported the victim E (name, 8, 9 years old), F (name, 8, 9 years old), and 9 years old) playing in the vicinity of the D Park Sluri-gu D Park Sluri-gu, Ulsan-gu, U.S., to "dol Dol Dol" to the victim E, who is unable to play in the future on the bridge of the gum, and the victim E was am kne and flick. Accordingly, the victim E, who is playing in the earth destruction play in the vicinity of the sluri-gu, Ulsan-gu, Ulsan-gu, U.S., was kneed with the victim F's kne and kneed with the victim's kne and kneed with the victim's knne in the same way as the kne and kneed with the victim's kne.

Accordingly, the defendant committed indecent acts against minor victims under the age of 13 by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of each statement made to E or F;

1. Each statement and analysis expert's written opinion;

1. A photograph of each CCTV course;

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

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which may be applicable to the crimes, and the choice of punishment, respectively;

1. Aggravation of concurrent crimes by concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravation of concurrent crimes by concurrent crimes prescribed in the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims E with more severe criminal penalty (referring to indecent acts, such as deceptive schemes against minors under the age of 13];

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. In full view of all the circumstances such as the Defendant’s age, occupation and criminal record, details of the instant crime, anticipated effect and side effects of the disclosure order, etc., the Defendant’s person shall be subject to the full disclosure order, taking account of Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order, and the proviso of Article 49(1) and the proviso of Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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