성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.
Criminal facts
The Defendant operates the “D Private Teaching Institutes” on the fifth floor of the Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City, and the head of a private teaching institute teaching English for the students of the private teaching institute, and the victim E (8 years) is a private teaching institute student attending the private teaching institute.
1. On September 11, 2017, from around 15:14 to around 16:18, the Defendant: (a) at the head of the pertinent private teaching institute room, the Defendant: (b) had the victim in front of it enter the head of the institute room by stating, “I kne only, I kne.”; (c) said the victim knee knee knee knee kne; and (d) said the victim kne kne kne kne kne in a conversation with the victim.
2. On November 6, 2017, the Defendant: (a) at the president of the above private teaching institute on November 15:27, 2017, the Defendant: (b) told the victim who had been asked questions, standing the victim knee in knee, standing the victim; and (c) took the victim’s sexual organ with the victim’s own hand during dialogue with the victim.
3. On November 8, 2017, around 15:17, the Defendant: (a) at the learning room of the above private teaching institute; (b) at the learning room of the above private teaching institute; (c) received a request to change the number of the damaged; and (d) entered the victim into the center.
In the above room, the Defendant her seated the victim on the side of the Defendant, and kissked with the victim’s sexual organ khy as they were rhyd with the victim’s sexual organ by his own hand, she covered the victim’s mast, her head with the victim’s hair, her head toward the Defendant, and kis on the part of the victim.
Accordingly, the defendant committed an indecent act against the victim under 13 years of age on three occasions.
Summary of Evidence
1. Statement by the defendant in court;
1. A complaint, stenographic record of the statement of the victim, and a video CD recorded in the victim's statement;
1. Application of the Acts and subordinate statutes governing CCTV afforestation;
1. Relevant legal provisions and Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a indecent act committed by a minor under the age of 13) and the
1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.