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(영문) 대전지방법원 서산지원 2016.04.28 2015고합106
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On August 10, 2015, the Defendant: (a) around 19:00 on August 10, 2015, at the time when the victim was working for the Defendant’s three straw children, etc., and (b) followed the Defendant’s son and son, etc., who was working for the Defendant’s three straw children at the time, became to contact with the victim’s buckbucks.

그러자 피고 인은 순 간 욕정을 느끼고 오른손으로 피해자의 허벅지를 만지면서 피해자의 팬티 속으로 손을 넣어 피해자의 성기를 수회 만지고, 손으로 피해자의 가슴을 만지면서 얼굴을 피해 자의 가슴 부위에 갖다 대고 혀로 핥고 피해자의 입술에 키스를 하였다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on internal investigation (a photograph of the damaged place and the place surrounding the victim's house), investigation report (the specified time of crime, etc.);

1. Application of the statutes governing stenographic records of the integrated support center for victims of sexual assault against statements made by victims;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. In light of the motive and background leading up to the instant crime, the relationship between the Defendant and the victim and the victim, the age, occupation, family relationship, social relationship, etc., including the fact that the Defendant committed the instant crime, which was exempted from disclosure order and notification order, Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Juveniles against Sexual Abuse (the Defendant did not have any history of having been punished for a sexual crime before the instant crime was committed, and the Defendant appears to have committed the instant crime somewhat contingently, etc., the mere fact that the Defendant committed the instant crime is likely to recommit the Defendant again.

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