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(영문) 대전지방법원 논산지원 2020.04.01 2019고합52

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준유사성행위)등

Text

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

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant resided in subparagraph c of B building B in Chungcheongnamsan, and worked as an employee of E residing in subparagraph d of the building B in the above building B, and the victim F (ten years of age at the time) is between G and relatives of the above E.

Around June 7, 2019, the injured party was playing together with the above G at the above E’s house, and the Defendant was able to enter a camera in the Defendant’s house and the first floor of the building B from around 19:00 to 23:00 on the same day, and went to a singing room on June 8, 2019, including He, who was the spouse of the above E, and returned to the above B building on the same day at around 04:45 on the same day.

On June 8, 2019, the Defendant came to know of the fact that the entrance connected to the above E was not set up on the B’s rooftop from around 05:30 to 06:00, the Defendant: (a) opened the entrance and opened the house of the above E, and opened a room where the victim was locked, using the gaps outside the house from the preceding day to the business trip; (b) opened the entrance; and (c) opened the door of the victim’s house; and (d) discovered the victim who was locked above, and used the victim’s mental health or escape, and put the victim’s finger in his finger in the part of the victim’s sexual flag on one occasion.

As a result, the defendant intruded on the residence, and committed an act of putting the victim's fingers into the victim's sexual intercourse by taking advantage of the victim's mental disorder or resisting condition of under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and J;

1. Records of statements made by victims;

1. Recording notes;

1. A certified copy of resident registration;

1. Expert opinion on a written appraisal or an indecent act against a child or disabled person;

1. A photograph, on-site photograph, and inside structure map of B building D by cutting off on-site CCTV images;

1. Each protocol of seizure, each list of seizure, reports on analysis of digital evidence, and requests for provision of communications data;

1. Each report of internal investigation shall be a list of evidence.