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(영문) 전주지방법원 군산지원 2021.03.12 2020고단1744

아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)

Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On May 2020, the Defendant became aware of sexual dialogues between the Defendant and the Defendant (Ver, 15 years old) on the first time with the Defendant’s sexual intercourses.

At the time, the Defendant, despite being aware of the fact that the victim did not have sexual values and judgment ability to exercise his right to sexual self-determination in a way that he did not express his intention of refusal to sexually exercise his right to sexual decision without clearly expressing his intention of refusal, because the victim was a juvenile in the first or second grade of high school, intelligence was at the boundary level, and social age was over the age of 11, and due to his mental and physical maturity.

No person shall engage in sexual abuse, such as sexual harassment that causes a sense of sexual shame to a child;

1. Around 12:00 on May 9, 2020, the Defendant found the victim’s house located B at regular Eup/Myeon, and laid off the victim’s clothes, and had a sexual relationship with the victim, putting them on the bed.

2. On May 14, 2020, the Defendant parked a car owned by the Defendant in a Kan-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-ket

3. On May 25, 2020, the Defendant exceeded the clothes of the victim at the mother conference located at regular Eup/Myeon on May 10, 2020, and had sexual intercourse with the victim.

Accordingly, the Defendant committed sexual abuse that causes sexual humiliation to the victim, who is a child or juvenile, on three occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each Act or subordinate statute to the investigation report on each statement made by the police in each police statement protocol with respect to the victim (whether the victim is disabled persons and relation to psychological evaluation), photographs, response to each request for appraisal, and application of each Act or subordinate statute to each statement on the psychological evaluation report;

1. Article 71 (1) 1-2 and subparagraph 2 of Article 17 of the Act on the Punishment of Children and Child Uniforms (Appointment of Imprisonment) applicable to the facts constituting an offense;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.