아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be ordered to complete the sexual assault treatment course for 40 hours.
Punishment of the crime
The defendant is a person who has operated the Taekwondo Center in Busan Northern-gu B.
Victims C (C, inn, 16 years old) entered Germany to learn Taekwondo, and resided in the dwelling of the defendant in the area of the defendant in Busan Southern-gu D apartment E from September 17, 2018, and carried out Taekwondo in the Taekwondo painting operated by the defendant.
The defendant had sexual intercourse with the victim by taking advantage of the fact that the victim was studying in Germany to Korea from Germany to the dwelling and the protection of the defendant exclusively from the Taekwondo education to the Taekwondo education.
At around 10:00 on October 31, 2018, the Defendant, at the place of residence of the above Defendant, crebs without the wife of the Defendant, entered the room of the victim, kis the victim, and kis the chest of the victim, and kis the victim’s chest, and the victim, “I am son and son, I am son, I am son, I am son, and I am sexual intercourse by inserting off the part of the victim, and inserting the Defendant’s sexual organ into the part of the sound of the victim.”
Accordingly, the defendant has sexual intercourse with the victim who is a child or juvenile by force.
Summary of Evidence
1. Defendant's legal statement;
1. Each legal statement of witness F, C, and witness G;
1. The application of Acts and subordinate statutes, such as stenographic records, each text message (including printing) and translations (Evidence Nos. 6, 7, 8, 11, 12), written statements and translations (20, 21, 23, 24, 26, 27) and written statements and translations, written statements and investigation reports (Evidence No. 30);
1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment for a limited term concerning criminal facts;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 2 of the Addenda to the Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) of the Act on Welfare of Persons with Disabilities.