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(영문) 인천지방법원 2019.06.21 2018고합615

아동ㆍ청소년의성보호에관한법률위반(준강제추행)

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is working for the same type of business as the victim B (n, 16 years of age) and has been informed of the victim through introduction by the branch and has given contact.

On August 21, 2016, the Defendant was on board the victim, who was aware that the victim was under the influence of alcohol during the office ceremony at the time, and was in the house.

At around 22:30 on the same day, the Defendant: (a) reported that the victim was drunk and divingd from the early chief in the Defendant’s vehicle parked in the D parking lot located in Seo-gu Incheon, Seo-gu, Incheon; (b) made the victim’s chest clear by walking strts above the victim’s kis; and (c) made the victim’s chest clear by drawing the victim’s kis, and (d) brea the victim’s breast, and boomed the victim’s fingers into the said parking lot, thereby committing an indecent act against the victim by taking the victim’s sexual part by hand.

As a result, the defendant committed indecent acts against the victim by taking advantage of the victim's state of impossibility to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the witness B’s legal statement (excluding the part where the defendant tolds the victim’s chest from E; see, e.g., judgment on the assertion regarding admissibility of evidence)

1. Part of the police interrogation protocol of the defendant

1. The statement made by B in each video CD (Evidence No. 8, 22) (Evidence No. 8) (in the case of the statement recorded in the video CD No. 8, the part that the Defendant delivered the victim’s chests. The part that, in the case of the statement recorded in the video CD No. 22, the video CD No. 22 of the evidence list, the Defendant told E that the victim’s chests were delivered from the victim’s chests; see, e.g., the lower judgment on the assertion related to the admissibility of evidence)

1. A written statement prepared by the defendant and a written statement prepared B;

1. The F Mesengical dialogue (Evidence No. 39 of the Evidence No. 39 of the Act) applies to the statute 1.