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(영문) 대전지방법원 2019.11.22 2019고합325

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

A defendant shall be punished by imprisonment for four years.

The defendant shall complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On August 27, 2019, the Defendant called the Defendant’s father-child victim B (here, 16 years of age) to contact the Defendant’s father-child with him, and called the Defendant’s home to stay there. The Defendant agreed to stay at his home on August 27, 2019.

1. Around 00:00 on August 28, 2019, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) sent the face to the chest side of the victim himself/herself while drinking beer together with the victim at the house of the Defendant’s house located in Chungcheongnam-gun, Chungcheongnam-gun, and OOOO, with the victim’s body attached to the beer’s left side.

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

2. Around 04:00 on August 30, 2019, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (quasi-rape) exceeded the booms and clothes of the victim who was under influence of alcohol at the home of the above Defendant, and embling the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim who is a child or juvenile by taking advantage of the state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Reports on internal investigation (Submission of contents recorded by a victim), investigation reports (to hear statements by a victim's telephone);

1. Application of the Acts and subordinate statutes to sound recording CDs, face-to-face closure photographs, telephone recording CDs;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act, Article 299 of the Criminal Act concerning criminal facts;

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

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 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse: