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(영문) 의정부지방법원 2018.10.26 2018고합136

아동ㆍ청소년의성보호에관한법률위반(준유사성행위)등

Text

A defendant shall be punished by imprisonment for five years.

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 was in charge of supporting students in the "B" sports team, and the victim C (the age of 19) was a person who was a wadler belonging to the above sports team.

1. On August 24, 2016, the Defendant, in violation of the Act on the Protection of Children’s Juveniles against Sexual Abuse ( quasi-conformity) included the victim’s fingers in the victim’s sexual flag, who was under the influence of alcohol, in the victim’s chests (the age of 17 at that time) who was under the influence of alcohol, and entered the victim’s fingers in the victim’s sexual flag.

As a result, the defendant put a child's juvenile's physical and mental loss into a sexual intercourse.

2. On July 27, 2017, the Defendant against the Act on the Protection of Children’s Juveniles against Sexual Abuse (a quasi-indecent act) was able to use the right bridge of the victim who was diving (the age of 18 at that time) in G accommodation located in Gyeonggi-si F, Gyeonggi-do, as his hand.

Accordingly, the defendant committed indecent acts by taking advantage of the mental and physical loss of the victim who is a juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement or stenographic record of a victim recorded in a statement recorded CD;

1. Statement made by each prosecutor to H and I;

1. Application of Acts and subordinate statutes to Mesto photographs;

1. Relevant legal provisions concerning criminal facts, Articles 7(4) and 7(2)2 of the Act on the Protection of Juveniles against Sexual Abuse, Article 299 of the Criminal Act (a quasi-similar act against a child or juvenile), Article 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 299 and 298 of the Criminal Act concerning the crime, and Articles 298 of the Criminal Act (a person who commits an indecent act by force against a child or by imprisonment with labor for a limited term);

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes with the punishment determined for a violation of the Act on the Protection of Juveniles from Sexual Abuse with more severe punishment);

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Exemption from an order of disclosure and notification;