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(영문) 서울서부지방법원 2017.09.14 2017고합130
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in the duties of assisting in preparing for self-reliance of living children and retired children in H, a protective facility for children in Seodaemun-gu Seoul Metropolitan Government.

1. 피해자 I에 대한 범행 피고인은 2017. 1. 5. 새벽 시간 불상경 서울 은평구 J에 있는 피고인의 집에서, H 입소 아동인 피해자 I(15 세 )를 잠시 보호하게 된 기회에, 잠을 자느라 항거 불능인 피해자의 티셔츠 안으로 손을 넣어 젖꼭지를 만지고 팬티 속에 손을 넣어 성기를 움켜잡아 만졌다.

Therefore, the defendant committed indecent acts by taking advantage of the victim's state of impossibility to resist.

2. Crimes against K of Victims;

A. On August 22, 2016, at the Defendant’s office around 07:00, the Defendant started fishing along with the victim K (the age of 14 at that time) who is a child admitted to the above H, and the day preceding the said date, and used the Defendant’s chest at the Defendant’s office to locked together, rhum the Defendant’s chest at the Defendant’s home, and rhyd the Defendant’s chest as a panty, and kyd the Defendant’s chest as a panty, and kydd the Defendant’s sexual organ that was diving until 09:00.

Therefore, the defendant committed indecent acts by taking advantage of the victim's state of impossibility to resist.

B. On January 13, 2017, the Defendant: (a) around 07:00, at the Asan City L; (b) at the accommodation in M schools; and (c) at the second floor ben, the victim, who was in the second floor ben and frozen, was sn and frozen, and the Defendant was sn and divingd into the flus, the victim, and the victim’s boom.

Therefore, the defendant committed indecent acts by taking advantage of the victim's state of impossibility to resist.

3. On November 2016, the Defendant committed the crime against the Victim N at the Defendant’s home at the time of the new wall’s death, and the Defendant started to carry out a self-reliance program on the victim N (the age of 14 at that time) who is a child admitted to the above H, and came to sleep at the Defendant’s home at the Defendant’s home, the Defendant’s opportunity to sleep together with the Defendant’s home, and the Defendant was a knife by inserting her hand into the victim’s panty, who is unable to resist the Defendant’s home.

Thus, the defendant is the defendant.

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