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(영문) 울산지방법원 2015.07.17 2015고합28
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

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

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates an online Switzerland website with the trade name of “C”.

around August 2014, the Defendant became aware of the Victim E (V, 12 years of age) through D, which was going to the Youngbuk-si in the area north of the west-si, Yangyang-si.

The Defendant: (a) caused the victim to die, scam, cosmetics, and school supplies, and (b) caused the victim to feel 13 years of age in elementary school; (c) was a minor under 13 years of age who attended elementary school in the sixth grade; and (d) was able to commit an indecent act against the victim by using intelligence index and the ability to adapt to society with lower level of capabilities.

1. Around 19:00 on December 11, 2014, the Defendant: (a) provided meals with the victim at a scarma film theater located in Yangyang-si, Yangyang-si; and (b) viewed the film, and (c) arrived before the Defendant’s H building, which is the place where the victim was located in Ulsan-si G, Ulsan-si, Ulsan-si.

Accordingly, the Defendant kiscked with the victim in a vehicle by putting the victim's hand into the vehicle and kiscing the victim into the vehicle.

Accordingly, the Defendant committed indecent act against the victim under 13 years of age by force.

2. On December 16, 2014, around 17:00 to 19:00 on December 16, 2014, the Defendant: (a) laid the victim into his own car and entered the said telecom No. 203 (Canadian room).

On the other hand, the Defendant continuously laid off the victim who was reported a film on his own side, laid off the victim’s her shoulder, laid the victim’s shoulder, laid his hand into the victim’s clothes, and opened the chest and the sound on the breast.

Accordingly, the Defendant committed indecent act against the victim under 13 years of age by force.

3. The Defendant, at around 16:00 on December 21, 2014, moved the victim from a new terminal located north of Chungcheongnam-si, Yangsan-si to a L in Ulsan-gun, Ulsan-gun, with his/her view to purchasing school supplies (sttains, official books, pens, and removals) to the victim and parked in the L parking lot.

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