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(영문) 의정부지방법원 2019.08.29 2018고합402
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant's introduction around December 11, 2017 is between the victim B (n, 17 years of age at that time) and the first space.

Between 13:00 and 17:00 on the same day, the Defendant was under the influence of alcohol from the Defendant’s house located in the building C, and was faced with the victim suffering from the said house’s room, and was placed on the bend inside the bend, and was placed on the bend, with the victim’s inside the bend, and was confined to the part of the victim.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental disorder or inability to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B, E, and F;

1. Application of Acts and subordinate statutes, such as G dialogue content and documents submitted by suspects;

1. Article 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act regarding criminal facts are deemed to be erroneous in the indictment.

(Selection of Imprisonment or Imprisonment)

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); Article 59-3 (1) of the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act

1. The fact that the defendant has no record of punishment for a sexual crime under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant's age, occupation, family relationship, social relationship, details and circumstances of the crime of this case, other benefits expected by the disclosure or notification order, and the effects of the prevention of crimes, and disadvantages and expected disadvantages therefrom.

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