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(영문) 울산지방법원 2015.01.16 2014고합357
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

1. On October 8, 2014, around 07:40 on October 8, 2014, the Defendant was on board a bus No. 205 at the bus stops located in the north-gu, Ulsan Metropolitan City located in the north-gu, Ulsan Metropolitan City, Ulsan Metropolitan City, and around the time when the said bus passed the industrial tower gate located in the south-gu, Ulsan Metropolitan City, the Defendant got off the bus No. 205, and only six times the victim D (n, 18 years old) who was aboard the bus was able to get off the bus due to the difference between passengers and the victim D (n, 18 years old) who was able to get off the bus.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

2. 피해자 E에 대한 범행 피고인은 전항의 일시, 장소에서 위 D가 돌아보며 “똘아이가!”라고 소리치자 위 D가 서있던 자리에서 벗어나 교복을 입은 피해자 E(여, 16세)의 뒤쪽으로 다가가 승객들로 인하여 혼잡한 틈을 이용하여 갑자기 피해자의 허벅지와 엉덩이를 손으로 만지고, 이에 피해자가 뒤돌아 자신을 째려보자 잠시 멈추었다가 다시 피해자의 허벅지를 손으로 약 2회 만졌다.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes with punishment prescribed for a crime against victims E with heavier penalty);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is sexually committed by a child or juvenile at the time when the defendant forcibly commits an indecent act against the victims attending school within the bus, thereby forming sexual identity and values.

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