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(영문) 울산지방법원 2017.05.25 2017고합50
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 22, 2016, at around 19:40 on July 2, 2016, the Defendant: (a) moved the victim E (the 16-year old) to the above place and brought the victim E (the 16-year old) into the above place in the event located in the D High School C located in Ulsandong-gu, Ulsan-gu; and (b) made the victim kisk to see that he did not answer it; (c) made the victim’s refusal to do so.

In doing so, the victim made an indecent act by force against the victim, such as humbucking one at the right chest of the victim by hand and buckbucking one at the right chest of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. A criminal investigation report (Attachment to the contents of conversation between victims), and a criminal investigation report (Attachment to the place of occurrence);

1. Application of Acts and subordinate statutes, such as a screen (No. 7 times a moment) and a picture (no. 10 times a moment) after the closure of a letter;

1. Relevant Article 7 (5) and (3) of the Act on the Protection of Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning facts constituting the crime;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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

1. In full view of all the circumstances, including the Defendant’s age, social relationship, criminal record, the risk of recidivism, the effect expected by an order of disclosure or notification, the disadvantage of the Defendant, etc., a special circumstance in which the disclosure of the Defendant’s personal information may not be disclosed, in light of the following: (a) a child exempted from an order of disclosure or notification; (b) a child’s personal information may not be disclosed;

The reason for sentencing

1. Scope of applicable sentences under law: Fines of five million won to fifteen million won; and

2. Non-application of the sentencing criteria (the selection of a punishment penalty);

3. Circumstances disadvantageous to the decision of sentence: The instant crime needs to be strictly punished as a sex offense against a child.

The victim suffers a lot of mental pain due to the crime of this case.

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