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(영문) 울산지방법원 2020.11.27 2020고합187
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 11, 2020, the Defendant discovered that there was a letter on the back part of the victim D (the age of 17), who was an employee of the Defendant, at the main point of Ulsan-gu B, Ulsan-gu, and the Defendant’s operation, around 21:00, the Defendant sent back the part of the victim’s own victim’s thrts with his hand, and reported the clothes, etc., and added the Defendant’s sexual organ to the part of the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her s

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Act and subordinate statutes of the investigative report (in addition to internal photographs of “C” at the place of damage);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the choice of imprisonment with labor for the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. In light of the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); the Defendant’s order to attend a lecture, employment restriction order, and registration of personal information appears to have the effect of preventing recidivism of the Defendant; the Defendant’s age, character and conduct, method and consequence of the crime; the disclosure order and notification order; the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage caused by the disclosure order; and the effect of preventing sexual crimes that may be achieved by such order; and the protection of the victim, there is a special circumstance in which the disclosure and notification of the Defendant’s personal information should not be made).

1. Protection of children and juveniles against whom an employment restriction order is issued;

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