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(영문) 울산지방법원 2018.02.21 2017고합382
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is the father of the parent-gu of the victim C (V, 17 years old).

1. On October 21, 2017, the Defendant committed an indecent act by force around 19:30 on October 21, 2017: (a) around 19:30 on October 21, 2017; (b) the Defendant discovered a victim who view TV at the Defendant’s house located in Yangsan-si building; (c) the Defendant’s house located in B 206, and wishes to do an indecent act; (d) the victim’s rear side was hicked with a bridge, and hicked with the victim’s chest; (d) the victim’s chest was hicked with the inner clothes; and (e) the victim was hicked with his/her chest in the same way again after about 10 minutes; and (e) the victim was able to hick up with his/her face, and (e) the victim was hick up with his/her finger son’s hand, and then the victim was hicked with his/her seat.

“The victim was off from the victim’s seat.”

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

2. On October 21, 2017, the Defendant committed an indecent act by force around 20:10 on October 21, 2017, when: (a) around October 21, 2017, the Defendant: (b) stopped on the front road of the apartment complex 8 in Yangsan-si, E apartment complex; (c) stated that “the victim was stopped only once more than once, and I wish to do so at the house”; and (d) included his hand in the clothes inside the victim’s own body.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Video-recording CDs (C);

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

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following):

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