beta
(영문) 인천지방법원 2017.12.22 2017고합648

아동ㆍ청소년의성보호에관한법률위반(유사성행위)등

Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

From around 2015, the Defendant is a space between D and D’s house located in Nam-gu Incheon Metropolitan City, and the victim E (V, 14 years of age) is a father of D.

1. On September 2, 2016, at around 20:00 to 21:00, the Defendant had the intent to commit an indecent act by force against the victim who reported TV from one’s side on his/her own side at D’s home, and the victim Da “Ik TV” refers to “Iker TV,” and the victim Does his/her chest by inserting his/her finger with the victim’s clothes in the rear side, and only her finger by inserting his/her finger into the victim’s panty line, who does not resist against the Defendant’s sudden behavior, and putting his/her fingers into the victim’s drinking part.

2. On September 4, 2016, at D’s house around 01:00 to 02:00, the Defendant: (a) thought that the victim was locked; (b) had the victim thought that he was locked; (c) had the victim committed an indecent act against the victim; (d) had the victim made his finger in the clothes of the victim; and (e) had the finger stored his finger into the part of the victim’s drinking.

3. On September 10, 2016, the Defendant committed the same act as paragraph 2 against the victim at the place of paragraph 2, around 01:0 to 02:00.

4. On September 11, 2016, the Defendant committed the same act as paragraph 2 against the victim at the place of paragraph 2 around KRW 01:00 to KRW 02:00.

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

Summary of Evidence

1. Each legal statement of witness E and D;

1. An expert opinion on statement and analysis of children or persons with disabilities;

1. Counseling services for psychological treatment, and a list of reported cases;

1. Application of statutes on site photographs;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the facts constituting an offense;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [an aggravated punishment for concurrent crimes provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse on September 2, 2016, the largest penalty for concurrent crimes];

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

1. Exemption from an order of disclosure and notification;