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(영문) 광주지방법원 2019.05.17 2019고합107
아동ㆍ청소년의성보호에관한법률위반(준강제추행)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. 아동ㆍ청소년의성보호에관한법률위반(준강제추행) 피고인은 2018. 11. 4. 01:35경 광주광역시 서구 B에 있는 C사우나 수면실 내에서, 수면실에 누워 잠을 자고 있던 피해자 D(가명, 16세)가 덮고 있는 이불 안으로 들어가, 입으로 피해자의 성기를 물고, 계속하여 혀로 피해자의 왼쪽 얼굴 부위를 핥는 등 추행하였다.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental disorder or non-ffort condition.

2. At around 02:20 on the same day, the Defendant committed indecent acts by compulsion, such as rhythm the body of the victim E (one’s name and fifty-two years of age) who was divingd by enjoying in the water room, and continuing to spread the sexual organ into his/her hand.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.

3. The Defendant, at around 03:00 on the same day, committed indecent acts by compulsion, at the same place as set forth in paragraph (1) of this Article, committed indecent acts by compulsion on the part of the victim F (the age of 63) with his/her right bucks, and on the part of the victim, committed indecent acts, such as continuing to keep the victim’s right bucks away with his/her hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement with respect to E (alias), D (alias), and F;

1. Application of damaged photographs and response statutes to requests for appraisal;

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 299 and 298 of the Criminal Act, Articles 299 and 298 of the Criminal Act, Article 298 of the Criminal Act, Article 298 of the Criminal Act, Article 298 of the Criminal Act, the selection of imprisonment for each of the following reasons:

1. From among concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the number of concurrent crimes resulting from the most severe punishment as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse) shall be 1.

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