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(영문) 수원지방법원 2017.10.12 2017고합556

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

On May 2017, the Defendant went to the residence of Dongdae-dong C around 2013, he first seeed the victim D (at 15 years of age) who is his father, and around three times in the residence of C, the mother-friendly funeral ceremony of C, etc. from May 2017, and the victim has a intellectual obstacle at the level of 58 degrees of the intelligence index.

On May 16, 2017, the Defendant sent a door to the residence of Heung-gu E and C, 301, for the purpose of drinking alcoholic beverages after drinking alcoholic beverages together at the workplace funeral hall, and drinking alcoholic beverages more.

On May 16, 2017, at around 23:20, the Defendant 23:20 around 301, while drinking C and alcohol come to a room, and left with C’s her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son, and

Then, the Defendant: (a) by putting the Defendant’s hand into Twitts in which the Defendant was suffering; (b) holding the victim’s knife with the victim’s knife; and (c) holding the knife with the victim’s panty and panty; (d) holding the knife with the victim’s knife; and (c) holding the Defendant’s knife with the Defendant’s hand.

The victim said that “afford fford fford fford fford fford fford”

After that, although the defendant attempted to kick with the victim's shoulder by putting the victim's hand, the victim saw the victim's knife while leaving the knife, and let the victim knife with the victim's hand and knife the defendant's sexual organ, and the victim escaped from the victim's inner organ.

Accordingly, the Defendant committed an indecent act against the juvenile by force by taking advantage of his father's social status as father's father's relatives.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written statements of D;

1. Stenographic records;

1. Application of Acts and subordinate statutes to the results of psychological evaluation of the Gyeonggi Sea Center;

1. The protection of children and juveniles against sexual traffic against whom the relevant crime is committed;