(영문) 서울동부지방법원 2015.10.29 2015고합136

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줄 간격

자간(%)

(영문) 서울동부지방법원 2015.10.29 2015고합136

아동ㆍ청소년의성보호에관한법률위반(위계등추행)등

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A defendant shall be punished by imprisonment for a term of one year and eight months.

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

Reasons

Punishment of the crime

The Defendant, by giving money to the victim C (M, October 200) residing in adjoining areas and going to his school with his own vehicle, was born, and the Defendant was able to commit an indecent act on the part of the victim by using the fact that the victim, who is an adult male, has no awareness ability, but has no adequate response to the damage situation.

On October 2014, at around 08:00, the Defendant, within a vehicle owned by the Defendant, which was in operation in Songpa-gu Seoul Metropolitan Government, opened one’s boomer and laid the sexual flag, and led the Defendant to kick the Defendant’s hand, who was seated at the boomer.

The Defendant committed an indecent act against a child or juvenile by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C, D, E, and F;

1. Statement-recording CDs;

1. Results of execution of a warrant of search and seizure for, or of search and seizure for, the compact joint stock company, as a result of an order to submit documents on the case;

1. The accused and the defense counsel of the personal counseling record book, psychological evaluation report, and written opinion of sexual assault case shall deny the crime by asserting that the accused did not commit an indecent act, although the accused was not on board the victim on the vehicle;

The victim, as stated in its reasoning from the police to this court, consistently stated the major parts of the crime that the victim, when the vehicle stops, opened a Cheongbaferer of the defendant when the defendant was stopped and her sexual organ taken off at around two weeks from the time when the defendant commits an indecent act against him, the method and overall process of the crime by the defendant, namely, the victim's getting on and off the defendant's vehicle, and the victim's hand who was seated on the hobba and got on the hobbba, and had him knife and take on the hobba.

The victim at the time of the crime and immediately after the crime, the Defendant made the horses such as “marin” and “absing the guidance.”

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