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(영문) 울산지방법원 2014.11.21 2014고합253
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 30, 2013, the Defendant committed an indecent act by force against the victim, who is a child or juvenile, such as discovering that the victim E (here, 17 years of age) who is a child or juvenile, is married at the bus stops in Ulsan-gu, Ulsan-gu, Seoul-gu, the Defendant discovered that the victim E (here, 17 years of age) is married, eating the female in a manner that makes indecent act by force, and the Defendant committed an indecent act by force against the victim, such as the victim's chest knife by hand.

Summary of Evidence

1. Defendant's legal statement;

1. E statement recorded in the video recordings;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) and Article 298 of the Criminal Act concerning criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. In full view of the following circumstances: (a) exemption from disclosure and notification orders under Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); and (b) exemption from disclosure and notification orders under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) the Defendant has no criminal history of the same offense; and (d) the details, means and methods of the instant crime; and (d) the circumstances after the commission of the instant crime

The crime of this case on the grounds of sentencing is an unfavorable circumstance to the defendant, such as the following: (a) under the influence of alcohol, the defendant committed an indecent act by force against the victim who is a juvenile at night by drinking the chest; (b) the nature of the crime is bad; (c) the victim appears to have been sexual humiliation and displeasure due to the crime of this case; and (d) the victim did not receive the written suspicion

However, under the influence of alcohol, the fact that the defendant has committed the instant crime, the defendant has a criminal record exceeding the fine and has no criminal record of the same kind, etc. shall be considered as favorable circumstances, and the age, character and conduct and environment of the defendant, the motive for the instant crime, and

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