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(영문) 대전지방법원 천안지원 2017.07.19 2017고합83
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On October 5, 2016, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) in the Daejeon District Court’s Support on the Incheon District Court’s Incheon District Court’s Decision on October 13, 2016, and the said decision became final and conclusive.

[2] On November 14, 201, the Defendant: (a) discovered the victim E (15 years old) who was a juvenile in front of the D building located in the Busan East-gu, Busan-gu, about November 14, 201; and (b) made a net desire to commit an indecent act against the victim; (c) whether the victim is money; and (d) whether the victim is money.

In the words of "Ma", the victim led the shoulder of the victim, leading the victim to the stairs between the first floor and the second floor in the building.

피고 인은 위 계단에서, 마치 주머니 속에 흉기를 갖고 있는 것처럼 행동하면서 피고인의 말을 듣지 않으면 때릴 듯이 피해자에게 겁을 주고, 이에 겁을 먹은 피해자에게 ‘ 바지를 내리고 뒤돌아서라’ 고 한 뒤, 피해자가 입고 있던 바지를 벗고 뒤돌아서자, 피고인은 미리 준비한 물 티슈로 피해자의 항문을 닦고, 손으로 피해자의 엉덩이와 항문을 만지고, 혀로 피해자의 항문 부위를 핥고, 피고인의 성기를 꺼 내 흔들며 자위행위를 하는 등 피해자를 추행하였다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Comprehensive investigation reports and reports on the occurrence of an indecent act case by force;

1. On-site reports, requests for genetic analysis, notification of the results of DNA identity verification data data search, notification of the discovery of the same fact as DNA identity verification information, and inquiry of multiple DNA personal information;

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history (A) and text of the judgment;

1. Article 7(5) and (3) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); and Article 7(5) and (3) of the Criminal Act regarding criminal facts.

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