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(영문) 울산지방법원 2017.02.03 2016고합312
성폭력범죄의처벌등에관한특례법위반(특수강제추행)등
Text

Defendant shall be punished by imprisonment for a term of one year 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

From the end of 2014, the Defendant committed an indecent act, such as: (a) reporting the volume of the victim E (the 15 years of age, 15 years of age, and cerebral 1 level) in a toilet located in Ulsan-gun, Ulsan-gun, Ulsan-gun, and to commit an indecent act with F to commit an indecent act against the victim; (b) entering the victim’s chest as F, such as F, in which the Defendant collected the head with the victim’s clothes; (c) making the victim’s chest fast back by inserting the head with the victim’s clothes; and (d) making the victim’s chest fast back with the victim’s chest, making the victim’s chest fast back with his/her her son’s son’s son, and F, her her son’s son and her son’s son with his/her son’s hand, and her son

As a result, the defendant committed an indecent act against the victim who is a disabled person in cooperation with F.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Each police statement made to G, H and I;

1. E stenographic records, a statement of psychological evaluation, each counseling leave, and an expert opinion on child abuse cases;

1. Application of Acts and subordinate statutes to a report on investigation (a statement of psychological assessment to a victim);

1. Article 4 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 298 of the Criminal Act;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Where a conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information to the competent agency

The disclosure order and disclosure order of registered information to be exempted from disclosure order and notification order may have a significant impact on the defendant, so it is necessary to pay careful attention, so the defendant has no record of punishment for sexual assault crime.

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