beta
(영문) 대전지방법원 2018.10.19 2018고합350

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On June 22, 2018, the Defendant, at around 23:30 on June 22, 2018, had the victim D (name, 16 years of age) who was mixed in the street near the Daejeon Dong-gu C lending, and had the Defendant committed an indecent act by force.

The Defendant, while taking the sexual organ, led the victim by force the victim's hand to suppress the victim's resistance, and led the victim to the victim's hand, and "D., with the sexual organ taken by hand and left under the above," and caused the victim to shaken the victim's sexual organ and ske the victim's sexual organ.

Defendant continues to be “Isle”.

"Abscisoned the chest of the victim with the victim's own finger, and put the victim's finger into the part of the victimized person."

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on internal investigation:

1. Application of statutes on site photographs;

1. Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning criminal facts;

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

1. The main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles subject to an order of disclosure or notification;

1. The Defendant and the defense counsel at the time of committing each of the instant crimes, as to the assertion of the Defendant and the defense counsel under the main sentence of Article 56(1) of the Act on the Protection of Juveniles from Sexual Abuse against Children and Juveniles subject to Employment Restriction Order

The argument is asserted.

According to the records, the fact that the defendant received treatment due to the degradation of recognition function caused by alcohol dependence is recognized.

However, examining the contents and details of the instant crime, the Defendant’s behavior before and after the instant crime, etc., the Defendant had weak ability to discern things or make decisions due to each of the instant crimes.

does not appear.

The defendant and defense counsel shall not be accepted.

Reasons for sentencing

1. Legal provisions;