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(영문) 대전지방법원 천안지원 2020.02.12 2019고합213
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

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

Reasons

Punishment of the crime

I. At around 01:30 on August 8, 2019, the Defendant: (a) discovered the victim D (one, half, and six years of age) who was diving at the bus stops located in the south-gu, Dong-gu, Dong-gu, Chungcheongnam-gu, Dong-gu, Seoul on August 8, 2019; (b) moved the victim to the head of the vehicle steering by the Defendant on the top of the vehicle steering by the Defendant; and (c) moved the victim to the head of Dong-gu, Dong-gu, Dong-gu, Dong-gu, and then, (d) transferred the victim to the head of the vehicle steering by the Defendant on the top of the vehicle steering by the Defendant, and (e) ordered the victim to pay money to the victim, “I would have the chest be able to reach the family head of the family relationship, and if the victim refused to do so, the victim’s left chest was able to commit an indecent act against the juvenile.

Ⅱ. "2019 Highly246";

1. At around August 22, 2019, the Defendant, at the vicinity of the F Station located in the Dong-gu, Yannam-si on August 22, 2019, the Defendant: (a) sexual intercourse victim G (the age of 57) who was under the influence of alcohol and was used on the floor (the age of 57) with a view to reporting the victim’s sexual intercourse with H; and (b) with the victim “the husband of this woman; hereinafter the victim is the husband of this woman”; and (c) with the victim’s influencing the victim, she laid the victim into the vehicle with the Jel K located in the Dong-gu, Yannam-gu, Yannam-si on the same day at around 23:22 of the same day.

2. Around August 22, 2019, the Defendant, as indicated in the foregoing paragraph (1), has sexual intercourse with the victim by putting the victim’s clothes off, immediately and inserting the victim’s chest into the part of the body of the victim, taking advantage of the victim’s breath in the state of being unable to resist and having lost his mind by drinking alcohol, and taking advantage of the victim’s breath in the state of being unable to resist, as seen in the foregoing paragraph (1).

Summary of Evidence

"2019 Gohap213"

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Investigation report (abboxing images and parking images front of E, in which a suspect runs the F Station and bus terminal);

1. Videos recorded in a blackbbox video CD "2019No246";

1. Defendant's legal statement;

1. The police statement concerning G;

1. Requests for each appraisal;

1. A list of seizure records (32 pages of investigation records) and a list of seizure (33 pages of investigation records);

1. On-site CCTV photographs and defense counsel's assertion

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