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(영문) 서울동부지방법원 2018.10.04 2016고합111
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

To the extent that there is no disadvantage to the defendant's exercise of the right of defense, part of the facts charged was appropriately revised in accordance with evidence relations.

[2016 Gohap 111]

1. Around September 20, 2015, the Defendant was aware of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) on September 5, 2015, at around 20:50, the Defendant used the victim D (the 14-year old-old-old-old-gu Seoul Special Metropolitan City) to drink the same as the victim D (the 14-year-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

2. Around September 5, 2015, the Defendant: (a) 21:30 on September 5, 2015, the victim F ( South, 18 years old) who was taken off the said D’s phone on the front side of Gwangjin-gu Seoul Special Metropolitan City E-gu, followed the Defendant’s indecent act on the part of the victim F ( South, 18 years old).

[2017 Gohap 338] On July 28, 2017, the Defendant committed an indecent act by force against the victim I (name, female, 29 years of age) who was under the influence of alcohol on the front of the H cafeteria located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter referred to as the “H cafeteria”) around July 28, 2017.

[2017 Gohap 339] On August 14, 2017, the Defendant committed an indecent act in a private house, which is a place where the public is densely concentrated, by inserting the bucks between the victim L(the age of 19) who was diving in the surface of the water in the Seoul Gwangjin-gu Seoul Special Metropolitan City J, in his hand.

Summary of Evidence

[2016 Gohap 111]

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made against M, D, or F;

1. Written statements prepared by D (2017 Gohap 338);

1. Statement by the defendant in court;

1. Statement made by the police with regard to I;

1. A criminal investigation report (Attachment of images of evidence and caps) and each photograph attached thereto;

1. Statement by the defendant in court;

1. Statement by the police concerning L;

1. Application of the law of voluntary accompanying reporting.

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