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(영문) 광주지방법원 목포지원 2021.02.04 2020고합151

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

The sentence of sentence against the defendant shall be suspended.

To order the accused to undergo a protective observation for a period of one year.

Reasons

Punishment of the crime

The Defendant is a high school student in the third year of high school with severe intellectual disability in intelligence index 46 and social maturity index 48, and the victim C (the age of 16) is a high school student in the first year of high school with severe intellectual disability and the victim C is a high school student in the first year of high school, and the Defendant and the victim are in the rear line of high school.

1. On September 26, 2020, the Defendant committed a crime on September 26, 2020: (a) in the E Bathing beach located in Pyeongtaek-gun D, the victim was the victim; and (b) in the situation where the victim was the victim and the victim went to a nearby place in the said bathing beach observation zone, the Defendant was spared by both arms, and the victim was humbly humping the victim’s chest with both descendants, and the victim was not the victim’s chest.

The defect victim's key was the inception of the defect victim.

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

2. On October 8, 2020, the Defendant: (a) around 15:20 on October 8, 2020, around 15:20, 2020, at the stairs of the 3rd floor of the B high school located in Hagum F, the Defendant told the victim that “the victim would have come to her male-gu; (b) stated that “the victim would have come to her male-gu”; (c) kis kis kis kis kis kis kis kis kis kis kis kis kis the victim; and (d) continued to move the victim to the front corridor of the 3rd class of the high school, kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis kis of the victim; and (d) placed the victim’s sexual part of the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Video CDs made by each victim;

1. Application of Acts and subordinate statutes to CDs for storage of CCTV data in written diagnosis on the disabled person, written diagnosis on the degree of disability of the suspect, written diagnosis on the disabled person, certificate of the disabled person, and

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;