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(영문) 대구지방법원 상주지원 2018.09.20 2018고합13

아동ㆍ청소년의성보호에관한법률위반(위계등간음)등

Text

A defendant shall be punished by imprisonment for three years.

To order the accused to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant is an external third village of a victim C (math, current 16 years of age).

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against a minor under the age of 13) the Defendant committed an indecent act against the victim by reporting that the victim (the age of 10 to 11 at the time) is enjoyed in a small room located in Ycheon-gun, Gyeongcheon-gun, 2012, and by forcing the victim to commit an indecent act by force against the victim, by pretending that the victim was in distressed against the victim, the Defendant committed an indecent act on the victim’s bridge; the victim’s bridge was prevented from coming up on the victim’s bridge; the victim’s shoulder was kid against the victim; the victim’s fingerk was boomed into the victim’s panty line; and the victim’s finger was boomed by continuously inserting his hand into the victim’s panty line.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

2. The Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, such as deceptive schemes), predicted that the victim of the external third village and the knovas relationship would not resist by actively resisting the Defendant’s indecent act or informing the Defendant of the fact of damage, etc., and led the victim to commit an indecent act by force.

In 2017, the Defendant, at the same place as indicated in paragraph 1 of this Article, was seated on his own bridge after having her victim (at the time, from 15 to 16 years of age) sited on the her bridge, she was inside the victim’s license, and then she was frighted on the part of the victim, and she was her breast by inserting the victim into the part on the part of the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Recording records of the statement;

1. Application of Acts and subordinate statutes to expert opinions on sexual assault incidents;

1. Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 298 of the Criminal Act (wholly amended by Act No. 11556, Dec. 18, 201) regarding criminal facts.