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(영문) 인천지방법원부천지원 2020.10.23 2020고합199
미성년자약취미수등
Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

1. On August 14, 2020, the Defendant attempted to capture a minor, followed the victim who was playing in the playground at around 15:00 on the same day, when he was under the influence of alcohol at the “C Park” located in Busan City, Seocheon-si B, and became under the influence of alcohol. Around 15:00 on the same day, the Defendant went back the victim from the playground to go back.

At around 15:02 on the same day, the defendant continued to move the victim's chest with the victim's own fingers twice, and moved the victim's breasts into a park located next to the F in 1000, by attracting the victim's hand, but the victim who frights fright was not able to get the victim's hand and escape.

Accordingly, the defendant tried to capture a minor victim, but attempted to commit it.

2. On August 14, 2020, around 15:02, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor indecent act by compulsion under the age of 13) sent the said victim’s chests twice by hand from E-Road to E-Road, and, as seen above, the Defendant continued to leave the victim and tried to use the victim thereafter.

계속하여 피고인은 같은 날 15:07경 부천시 G 앞길에 이르러 피해자에게 "아저씨랑 어디 갈까 "라고 말하며 행인이 없는 장소로 이동하려 하였으나 피해자가 이를 거절하자, "같이 가기 싫으면 내 꼬추 한 번 만져주고 가라."라고 말한 다음 갑자기 손으로 피해자의 손을 잡아 자신의 성기에 가져다 댔다.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Application of CCTV photographs for crime prevention to the police's statement on the defendant's legal statement D and statutes to report the investigation of video CDs (additional investigation related to the suspect's crime);

1. Article 294 and Article 287 of the Criminal Act concerning the crime, Article 7 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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