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(영문) 대구지방법원 2015.10.16 2014고합580
아동ㆍ청소년의성보호에관한법률위반(유사성행위)등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

The request for the attachment order of this case is dismissed.

Reasons

Judgment on the proof of a crime

1. The summary of the facts charged is as follows: (a) the Defendant committed indecent act by compulsion and similarity with the victim C (the 15-year age), who is a child or juvenile, at least four times in total.

From March 21, 2014, the Defendant, from around 23:30 on March 21, 2014 to around 22, 2014, committed indecent acts by force against the victim by taking advantage of the victim’s state of resistance to resist, panty, and panty, taking into account the Defendant’s home 203 building located in Daegu Northern-gu, Daegu Northern-gu.

B. At around 10:30 on the 22th day of the same month, the Defendant, at the above Defendant’s home, committed several indecent acts by force against the victim, including the victim, who is going to play a computer game at the victim’s home, by drinking his hand, and the victim said that the victim “I Mara.”, thereby making the victim’s indecent acts by force.

C. On the 22th day of the same month, the Defendant, at around 14:00, committed indecent acts by compulsion of the victim, by putting the victim’s chest on the front side of the victim who opened TV at the home of the above Defendant.

피고인은 같은 달 23. 01:00~02:00경 위 피고인의 집에서 침대에 누워 피고인의 행동을 주시하며 자는 척을 하고 있는 피해자의 옆에 누운 다음 옷 위로 피해자의 가슴과 엉덩이를 수 회 만지고, 이에 피해자가 몸을 움직여 옆으로 움직이자 피해자의 허리부분을 안고 피해자의 귀를 핥고 가슴과 엉덩이를 수회 만지고, 피해자의 성기에 손가락을 넣는 행위를 하였다.

2. Summary of assertion by the defendant and defense counsel;

A. The victim misrepresented the victim as the victim’s mother by using another’s mobile phone, and came to know one another by first communicating the victim, and transmitting his/her photograph, which is his/her natives, to another.

After that, the victim voluntarily expresses his/her identity to the defendant with his/her mobile phone and is suffering from domestic violence from his/her parents.

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