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(영문) 대전지방법원 천안지원 2019.02.20 2018고합193
아동ㆍ청소년의성보호에관한법률위반(준강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On February 15, 2018, the Defendant: (a) Hunting the “C” located in Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu; and (b) drinking alcohol to a juvenile victim D (one-year age 18) together with the victim; (c) carried the alcohol to a sel village located in the Tran-gu, Seo-gu, Seo-gu, Seo-gu; and (d) moved the alcohol to a sel village.

1. On February 15, 2018, the Defendant: (a) attempted to enter the victim’s telecom in front of the Seo-gu Eelcom in Seo-gu, Seobuk-gu; (b) however, the victim was unable to be able to be aware of by drinking, and the victim’s knife and knife with his/her knife on the roadside and knife with his/her knife and knife with his/her knife on the roadside, by forcing the victim to commit an indecent act by force.

In this respect, the defendant committed indecent acts by force against the victim by taking advantage of the victim's refusal to resist.

2. 아동ㆍ청소년의성보호에관한법률위반(준유사성행위) 피고인은 2018. 2. 16. 00:05경 천안시 서북구 F모텔에서 술에 취해 5층 복도에 쓰러진 피해자의 양발을 두 손으로 잡고 바닥에 누워 있는 피해자를 질질 끌고 위 모텔 G호로 들어간 다음 현관에 쓰러져 있는 피해자의 속바지와 스타킹, 팬티를 한꺼번에 강제로 벗기고, 입으로 피해자의 입술과 가슴을 수회 빤 후 피해자의 항문 속에 손가락을 수회 집어넣었다.

As a result, the defendant used the victim's failure to resist, thereby putting a part of body such as fingers into the victim's resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Each police statement made to D or I;

1. Written Statement;

1. Each gene appraisal report;

1. Each investigation report (for reference, K telephone conversations, J, visiting and investigating witnesses for working at the Felel), and report on internal investigation (Eel and CCTV image data);

1. On the grounds of the defendant and his defense counsel's argument, the victim's photograph, each course photograph (133,275 pages of the investigation record) and the victim's photograph.

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