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(영문) 서울중앙지방법원 2018.07.06 2018고합240
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

A defendant shall be punished by imprisonment for three years.

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

(e).

Reasons

Punishment of the crime

The defendant was living together with the victim B (here, 15 years old) who is a father of this father-type, and the victim's family and the victim's family and the victim's family were born.

After the divorce of the victim's parents, the victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's awareness was raised

From March 2016 to July 2016, the Defendant returned home at the Defendant’s house located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, and discovered the victim’s own body, changed the victim’s body, etc., and entered the toilet, and the victim wishes to see the victim’s chest by hand and open the toilet, and add his own sexual organ to the victim’s body behind the victim’s body. However, the toilets were not narrow and narrow, and the victim was sexual intercourse by inserting his own sexual organ into the part of the victim’s body by moving the victim into the bottom and laying down the victim’s bridge.

Accordingly, the defendant, by force, has sexual intercourse with a juvenile victim.

Summary of Evidence

1. A statement made by a victim recorded in the video CD (Evidence No. 6) of the victim's statement;

1. A summary of the case;

1. Statement assistant report and statement analysis expert opinion;

1. A criminal investigation report (to hear statements of counselors at a shelter);

1. A tax assistant for a missing child, etc.;

1. Application of Acts and subordinate statutes to photographs at occurrence site;

1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which are applicable to the relevant criminal facts and the selective punishment;

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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