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(영문) 의정부지방법원 2018.01.25 2017고합315
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
Text

A defendant shall be punished by imprisonment for a maximum term of two years and a short term of one year.

A sexual assault treatment program for 80 hours is provided to the accused.

Reasons

Punishment of the crime

On February 23, 2017, at around 05:30, the Defendant, at the residence of C Apartment 1215, 1001, Dong 1215, 1001, the Defendant, who was under the influence of alcohol, put one hand over a part of the victim E (the age of 17) who was under the influence of alcohol into the inner part of the damaged party, panty kid the victim's negative part above, and continued to put one hand into the inner part of the damaged party, and her chest was stored.

Accordingly, the defendant committed an indecent act against the juvenile by taking advantage of mental and physical loss or the impossibility of resisting.

Summary of Evidence

1. Each legal statement of witness E and D;

1. Voluntary accompanying reports and investigation reports (the recording contents of telephone conversations between the suspect and the victim-friendly male victim;

1. The details of recording of a telephone conversation;

1. The recording CD between the victim and the victim's male-friendly CD [the defendant and his defense counsel did not commit any indecent act against the victim], but this court has duly adopted and investigated the following circumstances, i.e., ① the victim, from the victim's side by the investigative agency to the victim's seat at the time of this court to the victim's oral examination, panty panty gate, knife the victim's finger, knife the victim's finger, knife the victim's finger into the victim's boom, and the victim was a shoulder in play knife:

D by shouldering D, it talks that an indecent act was committed by the Defendant from the ward to the Defendant, and there was a fact that D has been released out of the house by shouldering the Defendant and the daily G.

Clearly and consistently made a statement, it is clear that the statement is reliable, ② D also talks about the fact that the injured person was committing an indecent act from the defendant, and the defendant and G was produced out of the house, and the defendant made a statement that he was unfolded in the process.

The statement, ③ the victim stated the fact of damage to male-child F, and made a telephone call with the defendant on the day of the instant case F.

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