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(영문) 서울중앙지방법원 2017.11.03 2017고합842

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 14, 2016, the Defendant promised to go to the PC with the victim D (the age of 18), a juvenile who became aware of in the mobile phone hold c., and offered the victim “E” to the victim at around 01:00 on November 14, 201, and then entered the victim’s room together with the victim and the PC room.

The Defendant, at around 03:00 on the same day, 110 of the “Gel” in 03:0, the Defendant 110, while drinking with the victim and drinking together, kidddd the victim in a bed, and met with her hand, and the victim met with her body. However, the Defendant continued to fit the victim, notwithstanding the above resistance of the victim.

이에 피해자가 침대에서 일어나 휴대전화로 아는 남성에게 전화하여 ‘ 추행을 당하고 있으니 H 매장 앞으로 오라 ’라고 통화하자 이를 들은 피고인은 피해자의 휴대전화를 빼앗은 뒤 피해자의 목을 우측 손가락 엄지와 검지로 수회 누르며 그곳 벽으로 밀치고, 손바닥으로 피해자의 머리 부위를 4회 가량 톡톡 때리며 “ 오빠가 화났으니까, 짜증나게 하지 말라, 가만히 있으면 집에 보내

Note .

1.3 1.3 1.3 .... .... .... .... .... .... .... ..... ....... .......... the

Accordingly, the defendant committed indecent act against the juvenile victim by intimidation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Reporting of voluntary accompanying;

1. Application of Acts and subordinate statutes to the medical records for victims of sexual assault and a gene appraisal report;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Articles 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the Act on Reduction of Small Quantity (the following) are advantageous to the reasons for sentencing.