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(영문) 의정부지방법원 2018.08.14 2018고합141
아동ㆍ청소년의성보호에관한법률위반(준유사성행위)
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On August 2013, the Defendant: (a) placed the victim E (at the time, 13 years old) who is a juvenile in the D container gambling room located in C at P.M. on the part of P.M. on the part of P.M.; (b) put the victim in panty through the lower half of the victim’s panty and through the lower part of the victim’s panty; and (c) placed the victim’s fingers in the part of the victim’s sexual organ, which is a child or juvenile.

2. On the date when approximately two to three days have elapsed from the date of the above paragraph 1 above, Defendant 1: (a) reported the victim who was divingd above the bed, and (b) placed the victim in pande through the victim’s panty part; and (c) placed the victim in her fingers through the victim’s panty part; and (d) placed the victim’s fingers in her fingers during the victim’s sexual flag.

3. On Nov. 29, 2015, the Defendant: (a) around November 29, 2015, placed the victim who was divingd with the victim’s mother G at the time of the victim’s 15 years old; (b) laid the victim’s panty in a panty line through the lower half of the victim’s panty line; and (c) placed the victim’s fingers into the victim’s sexual organ at the time of the victim’s children and juveniles; and (d) placed the victim’s fingers into the victim’s sexual organ.

As a result, the defendant committed similar acts three times using the mental and physical loss of the victim who is a child or juvenile.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The police statements made to E, CD (E recording), and criminal complaint made to E;

1. Statement made by the prosecution with regard to G;

1. Application of Acts and subordinate statutes on written opinions of statement and analysis experts for children with disabilities;

1. Article 7 (4) and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Articles 299 and 297-2 of the Criminal Act concerning the facts constituting the crime;

1. On January 1, 201, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes) of the Aggravation of Concurrent Crimes (aggravating concurrent crimes with punishment prescribed for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse on November 29, 2015, with the largest penalty).

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