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(영문) 광주지방법원 순천지원 2018.11.08 2018고합130

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant is a full-time teacher for the fourth and second half years in the school B, and six persons, such as the victim C (as evidence 341 pages), are students attending the school in the fourth and second half years. Although the facts charged in the age of 10 are stated in the age of 10, six persons, such as the victim C (as above, correction in the evidence 341 page).

On March 14, 2018, the Defendant: (a) around 14, 2018, around 14, 2018, the victim E kneeed on knee of knee of knee of knee of kne of kne of kne of the victim; and (b) from that time until May 14, 2018, the Defendant only 14 times in total, including the list of crimes in the annexed list of crimes.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement of each victim recorded in the victim C (A) video CDs, the victim F (A) video recording CDs, the victim G (A) video recording CDs, the victim E (A) video recording CDs, the victim H video recording CDs, the victim I (A) video recording CDs, and the victim I video recording CDs;

1. Summary of each statement analysis statement and defense counsel's argument

A. The Defendant did not commit each of the crimes under [Attachment 1] 1-3 (Partial Crimes against Victim E), 8, 9 (Crimes against Victim G), and 11 (Partial Crimes against Victim H) once.

B. Although the Defendant partly committed an act to mislead the victims, it merely derived from the purpose of education, it does not intend to compel the victims to commit an indecent act.

Judgment

In light of the relevant legal principles, indecent acts may objectively cause sexual humiliation or aversion to the general public and infringe on the victim’s sexual freedom as acts contrary to good sexual morality. The issue of whether it constitutes an indecent act is the victim’s intent, gender, age, relationship before the perpetrator and the victim, circumstances leading to the act, specific form of act, and the objective situation surrounding the act.