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(영문) 서울고등법원 2018.05.17 2018노123
아동ㆍ청소년의성보호에관한법률위반(유사성행위)등
Text

The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

except that this judgment.

Reasons

Summary of Facts charged

A. On September 2, 2016, at D’s house around 20:0:0 to 21:00, the Defendant: (a) committed an indecent act by force against the victim who reported TV at one’s side; (b) the victim Dara refers to “aller TV,” and (c) the victim Dana refers to “Ized TV,” and (d) the chest by inserting hand in the back of the victim’s clothes; and (b) the Defendant’s panty behavior, putting his hand into the victim’s panty method, and putting his finger into the victim’s sexual organ, and put his finger into the victim’s sexual organ.

As a result, the Defendant put the victim’s fingers into the victim’s sexual organ and, at the same time, forced the victim to commit an indecent act (hereinafter “instant charges”). Around 01:00 to 02:00 on September 3, 2016, the Defendant: (a) thought that the victim was diving; (b) attempted to commit an indecent act by force against the victim at the above D’s house; (c) Dak put the victim into the victim’s clothes; (d) Dak put the finger into the victim’s chest; and (e) putting the finger into the victim’s sexual organ.

Accordingly, the Defendant, at the same time, committed an indecent act on the part of the victim (hereinafter “instant charges”) at the same time by inserting fingers into the victim’s sexual intercourse.

On September 4, 2016, the Defendant committed the same act as the Defendant left the port of port around 01:0 to 02:00.

Accordingly, the Defendant, at the same time, committed an indecent act on the part of the victim (hereinafter “instant charges”) at the same time by inserting his/her fingers into the victim’s sexual organ.

On September 9, 2016, the Defendant committed the same act as the Defendant left the port of port around 01:0 to 02:00.

Accordingly, the Defendant, at the same time, committed an indecent act by force against the victim at the time of the victim’s sexual intercourse (hereinafter “instant charges”). E. The Defendant committed an act identical to that set forth in paragraph (b) at around 01:00 to 02:00, Sept. 10, 2016.

Accordingly, the Defendant, along with inserting the fingers of the victim’s sexual intercourse, committed an indecent act on the victim’s sexual intercourse (hereinafter “instant charges”). The Defendant committed an indecent act.

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