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(영문) 서울중앙지방법원 2019.05.15 2019고합95
아동ㆍ청소년의성보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for two years.

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 between the victim C (n, 17 years of age) and his/her knowledge in the festival B.

1. The Defendant violating the Act on the Protection of Children and Juveniles against Sexual Abuse:

A. On February 4, 2018, at the subway E Station platform located in Gwangjin-gu Seoul Special Metropolitan City, at around 22:00, the victim was found to have been unsatisfed while waiting for the moving vehicle with the victim, while waiting for the moving vehicle, and the victim was satisfed by inserting his hand inside the victim’s hand, and the victim’s chests and booms the chests of the victim.

B. On February 5, 2018, from around 17:00 to 18:00, between the 17:00 to the 18:00, the victim made a statement that “the victim is hard to collapse, is 10 minutes of 10 minutes of f.m.,” and the victim was f.m. at the first floor Goman bank of the first floor of the F. M. building in Dongjak-gu Seoul Metropolitan Government, and the Defendant anticipated to throw away the victim’s chest with his hand, and was f.m. with his hand while dancing the victim’s f.m.

Accordingly, the defendant committed indecent acts against the victim who is a child or juvenile on two occasions by taking advantage of the victim's mental or physical disability or non-performance of defense.

2. The Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse: (a) the period from February 17, 2018 to 18:00, as prescribed by the said Act.

항 기재 G노래방에서 피고인의 추행을 의심하고 있던 피해자가 다시 잠을 자는 척 하자 피해자가 잠들었다고 판단하고 피해자의 스웨터 안으로 손을 넣어 가슴 부위와 유두를 만지고 스웨터를 걷어 올린 다음 피해자의 가슴 부위를 혀로 핥다가 입으로 피해자의 유두를 빨고, 피해자의 바지 안으로 손을 집어넣어 피해자의 음부 부위를 만지다가 피해자의 음부 안에 손가락을 삽입하여 넣었다

On the other hand, the end has repeated.

As a result, the Defendant inserted the fingers into the part of the victim's sound by taking advantage of the victim's mental or physical condition of the victim's mental or impossible failure to resist, but was attempted by the victim's wind.

Summary of Evidence

1. The defendant;

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