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(영문) 서울서부지방법원 2018.11.08 2018고합144
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

Defendant

In addition, the person against whom the attachment order was requested (hereinafter referred to as the “defendant”) is the victim B (the victim of the age of 17 is the birth in January 1999, and the victim of the age of 17 was the age of 17 at the time of the instant crime, and thus, it is apparent that he was the 17 years old at the time of

It is the friendship of the father.

피고인은 2016. 10. 중순 16:00 경 서울 은평구 C 아파트 D 호에 있는 피고인의 집 안방에서, 잠을 자고 있던 피해자의 반바지 안으로 손을 넣어 팬티 위로 피해자의 음부를 만지다가 팬티 속으로 손을 넣어 피해자의 음부를 손가락으로 벌려 만지고 혀로 핥았다.

As a result, the Defendant committed an indecent act against the victim who is unable to resist by taking advantage of the state of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, the victim’s statement concerning the circumstances before and after the commission of the crime is considerably consistent and specific; the Defendant recognized the crime with the content that is not significantly different from the act entered in the crime and its basic background, means, mode, circumstances, etc.; and the Defendant appears to have not been given the opportunity to specifically express the content of the crime of this case until June 2017, when he became aware that the victim was aware of the crime of this case, it can be sufficiently recognized that the Defendant committed the act entered in the crime of this case.

Application of Statutes

1. Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49 (1) and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order of disclosure and notification;

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