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(영문) 서울중앙지방법원 2018.09.07 2018고합667
아동ㆍ청소년의성보호에관한법률위반(유사성행위)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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 and the victim D (son, E) were dead from July 10, 2016 to May 24, 2017.

1. A defendant who violates the Act on the Protection of Children against Sexual Abuse;

A. On August 2016, on a day on which the date of August 2016 cannot be known, inasmuch as the victim cannot move the victim on his/her bridge after sitting in Gangnam-gu Seoul Metropolitan Government F on the part of the injured party's bridge, she cannot move the victim on his/her bridge, then left hand, she laid his/her hand in the part below the injured party's clothes, and she put his/her hand in his/her part in the part below the part below the injured party's clothes, and repeated up to the end;

(b) Dispatch text messages to the victim at H High School I Practice Office in Gangnam-gu Seoul Metropolitan Government on September 2016 on a day on which the date is unknown;

After allowing the victim to sit in the seat of the victim, the victim gets the victim to sit in the next seat of the defendant, knife the victim's knife by hand, and knife the knife in the part below the victim's clothes, and repeated the victim's finger.

As a result, the defendant has collected the fingers of the victim's sexual organ through assault twice.

2. On August 2016, the Defendant violated the Act on the Protection of Children’s Juveniles against Sexual Abuse (a quasi-indecent act committed by force) on the day when the date of the end of August 2016 cannot be known, the Defendant, at the home of the Defendant, 106 dong J apartment 106 304, posted the victim’s name and clothes he was locked in the bed and her chests.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the mental or physical loss of the victim who is a juvenile or the impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of reference witnesses by the prosecution concerning D - One answer-type;

1. Application of the laws and regulations governing K message and recording;

1. Article 7 (2) 2 of the Act on the Protection of Children and Juveniles from Sexual Abuse (a point of similarity to juveniles) of the Act on the Protection of Juveniles from Sexual Abuse and the Act on the Protection of Children and Juveniles from Sexual Abuse, which are applicable to the crime.

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