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(영문) 인천지방법원 2018.02.01 2017고합725
미성년자유인등
Text

A defendant shall be punished by imprisonment for five years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The victim C(n, 10 years of age) is a level 2 of intellectual disability, who resides in the same apartment side as the defendant, and is not aware of the defendant.

1. On October 27, 2017, around 19:50, the Defendant, who is a minor freedom, discovered the victim who was visiting the elevator inside the front 202 unit of Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, with a view to finding out the victim who was visiting the elevator at the front 202 unit of the elevator, and immediately accessed the victim and talking with the victim, such as the victim’s horse speculation divided and rhetorized, and the victim’s mind to care for the victim’s house.

Defendant continued to have “(b) b) food at Adodoz house” to the victim

The term "Occination" means that the victim went to the above apartment 202 Dong 1016, which is the defendant's residence.

Accordingly, the defendant induced the victim as a minor.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive schemes against minors under the age of 13) indicated as “violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against minors under the age of 13),” but such written indictment is clearly correct because it is a clerical error in “violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive schemes against minors

피고인은 2017. 10. 28. 00:00 경 위 피고인의 주거지에서 위와 같이 유인한 피해자에게 먹을 것을 제공하고 텔레비전을 시청하게 하면서 호의를 베풀어 안심을 시킨 다음 피해자에게 “ 뽀뽀나 한 번 하자 ”라고 말을 하며 피해자의 양 볼에 입을 맞추고, 피해자의 상의를 들춰 피해자의 가슴 부분을 손으로 만지고 혀로 핥은 다음, 이어서 피해자의 바지와 팬티를 벗기고 피해자의 음부를 손으로 만지고 혀로 핥았다.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The statement concerning the defendant in part of the protocol of interrogation of the suspect to the prosecution.

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