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(영문) 전주지방법원 2018.05.03 2018고합6

아동ㆍ청소년의성보호에관한법률위반(유사성행위)등

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is a person who has a blood relationship with the father of the victim C (V, 14 years old).

피고인은 2017. 11. 27. 00:30 경 완주군 D에 있는 피고인의 주거지에서 잠을 자고 있는 피해자의 상의와 브래지어를 가슴 위로 올린 후 양손으로 피해자의 가슴을 만지고 입으로 피해자의 젖꼭지를 빨았다.

In addition, the Defendant got knee and panty of the victim by getting knee and knee of the victim, and so far as the victim strongly classified the victim's upper half with a shoulder hand and prevents the victim from driving, the Defendant knee and kned the Defendant's finger into the part of the victim's drinking.

As a result, the defendant committed an act of similarity against the victim who is a relative child or juvenile with violence and committed an indecent act at the same time.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement of a victim recorded in each stenographic record or video CD;

1. Stenographic records;

1. Application of Acts and subordinate statutes to a response to a request for appraisal;

1. Article 7 (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (a similar act) and Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a indecent act by blood or marriage) concerning criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes with punishment prescribed for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, of which the quality of a crime is heavier);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. The exemption from disclosure order and notification order under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the Defendant has no record of criminal punishment due to a sex offense in the past, and the Defendant’s distorted sexual impulses revealed through the instant crime.