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(영문) 인천지방법원 부천지원 2020.07.24 2020고합77
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The Defendant’s motion to attach the instant attachment order is dismissed.

Reasons

1. On November 22, 2019, the facts charged and the grounds for filing a request for the attachment order [the facts] around 16:15 on November 2, 2019, the Defendant: “C Park in Seocheon-si B” (hereinafter “instant park”); “C Park” (hereinafter “the instant park”); (a) talks that the victim D (name, f, 12 years old), and E (12 years old) sits on the floor together with their friendships; and (b) followed by the victims, etc., “I will come up with the victim’s shoulder,” and “I will come up with the victim’s shoulder, so I will come up with the victim’s hair and ebbbbucks.” (hereinafter “the instant park”). The victim’s hair and ebucks of the victim’s hair were pushed up to the victim’s front end and part.

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

[The ground for filing a request for an attachment order] A person subject to a request for an attachment order (hereinafter referred to as "defendant") has committed a sexual crime on at least two occasions as stated in the facts constituting a crime in the judgment, and has committed a sexual crime against a person under the age of 19, and is likely to recommit a sexual crime.

2. The Defendant and his defense counsel asserted that there was no injury as the facts charged, and there was no intention to commit an indecent act.

3. Determination of facts charged

(a) Indecent act means an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, which infringes on the victim’s sexual freedom;

The issue of whether it is a case shall be determined carefully by comprehensively taking into account the victim's intention, gender, age, relationship between the offender and the victim, circumstances leading to the act, specific manner leading to the act, objective situation surrounding the act, sexual morality of the times, etc.

(see, e.g., Supreme Court Decision 2016Do21231, Oct. 31, 2017). B.

In light of these legal principles, we examine.

this Court has duly adopted it.

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