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(영문) 서울서부지방법원 2020.09.10 2020고합40

아동ㆍ청소년의성보호에관한법률위반(위계등추행)

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 40 hours.

Reasons

Punishment of the crime

At around 16:00 on July 2, 2019, the Defendant: (a) entered a living room in Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) opened the victim C (one year old, 12) who has caused the Defendant’s other ties in the Defendant’s residence; (c) opened the victim on the electric mar, and opened the victim on the back; (d) opened the victim “Isle, Isle, Isle, Isle, Isle, Isle, Isle, Isle, Isle.” The victim’s breast with his son, “Is my breast,” and the victim’s her her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s her son, and sold the victim’s her son.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A statement or stenographic record made by C (tentative name) recorded in the video CD (No. 12) ;

1. The prosecutor's statement concerning C (tentative) of each prosecutor's office and each police interrogation protocol of the accused;

1. 112 reported case handling table;

1. Application of the Acts and subordinate statutes on investigation report (related to recording of statements by a victim's provisional use), victim preparation map, situation at the time of indecent act, internal investigation report on the medical records of the victim of sexual assault (the result of the expert opinion in the case of sexual assault against the child - correspondence) and the investigation report on the written opinion of the expert in sexual assault against the child (the filing of the statement of the victim C) and the Messen

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act are advantageous.