(영문) 의정부지방법원 고양지원 2018.11.22 2018고단968

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2018.11.22 2018고단968

미성년자의제강제추행

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

When the defendant well follows the victim E (the age of 12 at that time) who franchising Taekwondo in the D Taekwondo chapter located in Goyang-gu, Manyang-si, Mansan-si, and frequently exchanges and communicates with the defendant, the defendant was willing to commit an indecent act against the victim under 13 years of age by using the opportunity to leave the defendant and the victim only at the Taekwondo franchisium or by giving the victim a separate opportunity to leave the place of Taekwondo franchis.

1. The criminal defendant committed the crime in the third floor toilet of the Taekwondo site building in 2016, committed an indecent act against the victim by moving him/her into the third floor toilet of the building where the Taekwondo place is located, while completing the above Taekwondo course, and making him/her kisc and kiscate in the third floor toilet of the building where the Taekwondo place is located.

2. On December 24, 2016, the Defendant, who was parked in the F Parking Lot, committed an indecent act against the victim by displaying adult dynamic images using the Defendant’s cell phone, setting off the victim’s cell phone in the back seat, and putting the victim under the kis and kiss of the victim’s kis, on the back seat, in the HAP-dong F G-dong F G-dong parking lot located in the Goyang-si F G-dong parking lot.

Accordingly, the Defendant committed an indecent act against a minor under the age of 13 on two occasions as above.

Summary of Evidence

1. Legal statement of witness E;

1. Stenographic records;

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

1. Contents of partial extracted from the analysis of digital evidence of the victim's mobile phone;

1. Investigation report (on-site and confirmation of crimes vehicles);

1. On-site photographs Defendant and defense counsel’s assertion

1. The defendant and defense counsel in the third floor toilet of the Taekwondo site building shall be denied the crime that there was no victim and kisk or kisk in the toilet as stated in this part of the facts charged.

At the time of investigation by the prosecution, the Defendant denied to the effect that “skis and kis, not kis and kis, and only one skis and kis in the place where men and women are coming to the toilet.”

유사 판례

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-대구지방법원 2018.02.21 2014고합521

-광주지방법원 2016.01.13 2015고합408

-수원지방법원 안산지원 2017.11.15 2017고단1394

-의정부지방법원 고양지원 2018.10.04 2018고단641