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(영문) 서울남부지방법원 2020.05.15 2020고합115

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal power] On July 7, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny, etc. at the Seoul Eastern District Court on September 29, 2017 and the parole period expired on December 10, 2017 during the execution of the sentence.

【Criminal Facts】

The defendant was aware of the victim B (n, 18 years of age) and about 3 years of age.

1. 재물손괴 피고인은 2019. 7. 30. 06:00경 서울 금천구 C빌라 OOO호에 있는 피해자의 집에서, 피해자와 함께 맥주를 마시던 중 피해자가 남자친구를 만나기 위해 밖으로 나가려고 하자 피해자에게 “너 왜 나를 버리고 나가냐, 나랑 같이 있기로 하지 않았냐, 내가 너 좋아하는 거 알고 있지 않냐, 나와 함께 자자.”라고 말하고, 피해자가 들고 있던 피해자 소유의 아이폰 XS MAX 휴대폰을 낚아챈 후 “내가 네 휴대폰 부수면 안 나갈꺼지 ”라고 말하면서 양손으로 휴대폰 액정을 책상 모서리에 대고 눌러 액정을 깨뜨려 수리비 약 44만 원이 들도록 피해자의 휴대폰을 손괴하였다.

2. The Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) at the same time and place as mentioned in paragraph (1) above, and after leaving the victim’s body by hand against the damage of the victim’s cell phone, the Defendant: (a) obstructed the victim from leaving the victim’s knife with one hand going on the victim’s body; and (b) committed the victim’s chest with another hand.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

3. The defendant under confinement, at the same time, at the same time and place as the above Paragraph (1) above, there are about 20 minutes between the victim of the defect in which the victim, as mentioned above, intends to come out of the victim, such as “the same person,” divided the victim’s shoulder by hand, damaged the victim’s shoulder by hand, prevented the victim from leaving out of the victim by hand.