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(영문) 수원지방법원 2016.06.02 2015고합354

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

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

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

Reasons

Punishment of the crime

On March 1, 2015, the Defendant committed an indecent act with the intent of committing an indecent act in the victim E ( South, 16 years old) who was placed next to the Defendant in the male body of "D Dogna" located in the wife population C at Chicago-si on March 1, 2015.

The Defendant, while suffering from the right side, committed an indecent act against the juvenile, by inducing the victim to take part in the victim’s hand, using the victim’s sexual organ in a hand and rhying the victim’s sexual organ with his hand, and by inducing the victim’s hand to take part in his sexual organ about four to five times, and by forcing the victim to take part in his sexual organ.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Part of the statement of E in the police interrogation protocol for the accused;

1. Each police statement made to E and F;

1. Each written statement E and F (the defendant and his defense counsel claimed that, although the defendant has a strong history of the victim's sexual organ, the defendant brought about the victim's sexual organ's hand over, or brought about the victim's hand over to the victim's sexual organ to the victim's sexual organ, there is no dancing.

However, the victim made a statement that conforms to the facts stated in the judgment regarding the content and appearance of the Defendant’s indecent act in a relatively concrete and consistent manner from the investigative agency to this court, and the testimony of witness F also corresponds to this.

However, there are few differences in each of the above statements concerning detailed parts, such as the location of the defendant, the victim and the victim-friendly relationship at the time, but these circumstances do not interfere with the recognition of the above criminal facts.

Therefore, the application of the law to each of the above reliable statements is recognized as guilty of the indecent act committed in the facts stated in the judgment.

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse, and Article 298 of the Criminal Act (the point of forced indecent conduct by juveniles and the choice of imprisonment) concerning the crime;

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. Ordering children to complete the program to protect juveniles against sexual traffic;