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(영문) 대전지방법원 2019.07.11 2018고합515
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant first met the victims who had been suffering from a locked place in the country of their departure through the Smartphoneping Scam “B.”

1. On February 21, 2018, the Defendant, at around 11:00 on February 21, 2018, expressed that the Defendant would be good for the victim who tried to go together with the Ddong-gu Daejeon Building E-dong, Daejeon, and brought the victim into one’s own arms against the victim’s will.

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

2. On February 11, 2018, between 23:30 and 00:30 on the following day, the Defendant F (V) was placed in the dwelling space of the Defendant’s dwelling from around 11:30 to 16:30, in the foregoing D building G, the Defendant, who was a residence of the Defendant, was placed on the victim’s door, with the view to damaging the victim’s math, and was placed on the body’s door, putting the shoulder up on the body, and putting the Victim’s math away against the victim’s will.

After diving, the Defendant: (a) made the victim, who was seated in front of a ward TV, known himself/herself once; and (b) reported him/her on the kis, kis on the victim’s side; (c) made the victim kisc and kisc against his/her will when kiscing the victim; and (d) rejected the victim’s kis on two occasions against the victim’s will.

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

Summary of Evidence

1. Each legal statement of witness C, F, and H;

1. Application of Acts and subordinate statutes to a report on internal investigation, a painting photograph, a field photograph, a photographic image of parking lot CCTV, each inspection and investigation report (attached to the confirmation of the counterpart police officers of the first dispatch, the arrest report of the relevant case, etc.), a list of reported cases, and a list of requests prior to the filing of a request;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment, respectively, with labor or imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Order to complete a program under Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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