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(영문) 수원지방법원 평택지원 2019.05.24 2019고합14

아동ㆍ청소년의성보호에관한법률위반(위계등추행)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant is a neighbor's relationship in the Dong and Dong, such as the victim B(n, 18 years of age).

The Defendant was able to commit an indecent act by force against the victim by using the victim’s words “C” and being well followed by the victim, using the victim’s age, lack of intellectual ability compared to those of the children, and thus, having committed an indecent act by force.

On September 21, 2018, the Defendant: (a) around 17:00 to 18:00, at the Defendant’s residence located in Ansan-si; (b) the Defendant demanded that the victim found to be in order to take personnel management of the neighboring Defendant, be fright to live in capital reduction and sit in a sofa; and (c) the victim, who reported television, refuses to take the part of the victim; (d) the Defendant demanded that “Iber fab fab h h h h h h h h h h h

On the other hand, the defendant continued to put his fingers into the victim's panty and panty, and the victim said that the victim's body is "no longer," and the victim stated his intention to refuse to do so, but put the victim's body into the victim's body and re-in the part of the defendant's hand into the victim's body, putting the victim's hand into the victim's panty, putting another hand into the victim's panty, putting the victim's hand into the victim's panty, and then put the victim's hand into the part of the victim's panty.

The act of similarity, such as deduction, was committed.

Accordingly, the defendant committed a similar act against a child or juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. 112 Reporting case management table;

1. Application of Acts and subordinate statutes on internal investigation reports and accompanying materials;

1. Article 7 (5) and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order of disclosure and notification;