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(영문) 수원지방법원 안산지원 2019.08.30 2019고합93
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On November 21, 2018, at around 01:46, the Defendant discovered “C” in front of the Gyeonggi City, 01:01:46, the Defendant asked the victim D (name, name, 17 years of age, intellectual disability 2 level), and asked the victim “I am a taxi” to “I am a house,” and the victim told the victim “I am a house, I am a house, I am a house, I am a house, I am a refusal to go to do so,” with the knowledge of the fact that the victim was going off, and tried to commit an indecent act against the victim by getting the victim aboard the E

이에 피고인은 피해자를 위 택시 조수석에 탑승하도록 한 다음, 갑자기 피해자의 손을 만지면서 “손이 차갑다, 몇 살이냐 ”라고 말하고, 손으로 피해자의 왼쪽 가슴을 툭 치면서 “가슴도 있네.”라고 말하였다.

In light of the fact that the victim stated in this court that “the Defendant was operating the screen of the cell phone which was fixed to the cell phone set at the driver’s seat, with obscene images citing the cell phone and not directly showing the obscene images to the victim,” the evidence alone presented by the prosecutor is insufficient to acknowledge that the Defendant had shown obscene images to the victim, and there is no other evidence to acknowledge this.

Therefore, the part that the defendant showed obscene photographs to the victim is deleted from the crime.

The defendant continued to say that "the fucker's chest was her chest, we also see............, the victim's hand was brought into the defendant's sexual organ, but the victim refused to deduct his hand, and the victim's hand was only buckbucks inside the victim's hand.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. The records of victim's statement, each police statement to F, and the police statement to D;

1. A report on internal investigation (specific circumstances of the suspect);

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