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(영문) 창원지방법원 2017.11.16 2017고합225
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The Defendant, as a pro-friendly baby of the victim C (in women, hearing disability 3) and his parents divorced and leave the victim to the defendant and lives in the place of leaving the victim. As such, the Defendant was actually the guardian of the victim. In light of the victim’s state of disability and relationship with the defendant, the Defendant committed an indecent act against the victim by using the fact that it is difficult for the victim to refuse the indecent act even if he commits an indecent act against the victim, and it is difficult for the family members or others to easily inform the other persons of the indecent act.

1. From around 23:00 to around 24:00, the Defendant: (a) committed an indecent act against the victim (14 taxes) who was in mind of committing an indecent act against the victim (14 taxes) at one’s own house living room at 1104 dong 903; (b) put the victim’s hand into one’s own seat, putting the victim’s sexual organ into one’s own seat; and (c) putting the victim’s finger into one’s inner part; and (d) putting the victim’s hand into one’s inner part; and (e) interfered with the victim’s finger.

The victim referred to as “I am alone.” and “I am to punish a bridge,” and committed an indecent act against children and juveniles by force by talking the sound of the victim.

2. From the end of April 2017 to the end of 23:00 around 24:00, the Defendant committed an indecent act against a child or juvenile by force by putting the victim (15 years of age) who was suffering from diving in his/her home room at the end of April 2017, with the intent of committing an indecent act against the victim (15 years of age), taking the victim’s hand into his/her own inner part, having the victim come into his/her inner part, put his/her fingers into his/her inner part, and committing an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements made by victims;

1. Application of each internal investigation report (referring to the confirmation of the details of consultation with the other party of a special teacher in the victim's school, and attaching a written diagnosis of the victim), and each accompanying document;

1. Article 7(5) and (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the crime committed by each of the child and the choice of punishment.

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