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(영문) 울산지방법원 2015.01.23 2014고합301
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. From April 5, 2014 to around the 8th day of the same month, the Defendant: (a) knew that he/she had his/her female go to a place where he/she will go to go out of the Defendant’s house; (b) had him/her go to the Defendant’s house; (c) had him/her go to the Defendant’s house; and (d) had him/her go to the Defendant’s clothes, shoes, cosmetics, etc., and had him/her go to the place where he/she will go to go out from the Defendant’s house through the “Stockholm-gu 203 at the Defendant’s residence located in Gyeong-nam-gun, Changdong-gun; (d) around 00:0 on April 9, 2014; and (e) had him/her go to the Defendant’s sexual intercourse with D and sexual intercourse with the Defendant on September 10, 2014, and had him/her go to the Defendant’s sexual intercourse with the Defendant by committing the same act as the Defendant’s sexual intercourse.

2. Around August 22, 2014, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) had D, at around 22:00, the victim E (the age of 13) who was a runaway juvenile, who was aware of his/her female from D through the “Plastic Stockholm”, which was a smartphone hosting display method, enter the victim into the Defendant’s residence.

피고인은 2014. 9. 3. 새벽경 피고인의 주거지에서 D이 잠이 들어 피해자와 단둘이 있게 된 점을 이용하여 피해자에게 술을 한 잔 마시도록 권유한 다음 텔레비전을 보고 있는 피해자에게 “손으로 해줄까”라고 말하면서 갑자기 손으로 피해자의 음부를 만지고, 피해자가 “뭐예요!”라고 대꾸하면서 피고인의 손을 치우면서 불쾌감을 표시하였음에도 불구하고 재차 손으로 피해자의 오른쪽 가슴을 움켜쥐면서 “E아, 니 남자 젖꼭지 잘 빠나.”라고 말하는 등 아동ㆍ청소년인 피해자를 추행하였다.

Summary of Evidence

【No. 1】

1. The defendant's partial statement in court; 1.

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