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(영문) 서울북부지방법원 2018.11.16 2018고합356
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
Text

A defendant shall be punished by imprisonment for two years.

Defendant shall complete a program for the treatment of sexual assault for 80 hours and have children's juveniles.

Reasons

Criminal facts

The Defendant frequently committed an indecent act against a child or juvenile by taking advantage of the victim’s resistance impossibility status as follows, with the mother of the victim B (here, 2001) and the son’s son’s son’s son’s son.

1. The Defendant, around 02:00 on December 2, 2016, 02, 02: (a) was locked in the residence of the victim of the C building D in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City; (b) was able to resist and use the victim’s left chest as his/her hand (the age of 15 at that time).

2. The Defendant appears to have clearly written indictment No. 1 at around 03:00 on February 2, 2017 to March 3, 2017, the “paragraph 2” appears to be an obvious clerical error.

In the same place as above, he/she has been divingd, and he/she has come up next to the victim (the age of 15 at that time) who is in an impossible condition to resist.

After self-defense, the victim's face was examined.

3. On April 2017, at around 00:00, the Defendant’s bill of indictment for apartment E-F, Seoul Special Metropolitan City, Nowon-gu, was omitted, but it is supplemented by evidence, such as the statement of the victim stenographic records, to the extent that it does not affect the Defendant’s right of defense.

At the time, the chest of the victim (the 15 years of age), who was under diving, was able to resist as a hand, was knife with the victim's chest.

4. The Defendant appears to have clearly written indictment No. 3 at around 01:00 on the date of the end of January 2018, the “paragraph 2” appears to be an obvious clerical error.

The chest of the victim (the age of 16 at that time) who was divingd in the same place as the above and was in an impossible condition to resist was flicked as a hand.

5. On April 11, 2018, around 03:00, the Defendant appears to have clearly written indictment No. 3, “paragraph 1” to be a clerical error.

In the same place as above, he/she has been divingd, and he/she has come up next to the victim (the age of 16 at that time) who is in an impossible condition to resist.

After committing a self-defense, the victim's clothes and man-living was examined.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police in relation to G and B;

1. The filing of a complaint, H letter, victim’s stenographic statement, video-recording CD, and request for appraisal.

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