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(영문) 전주지방법원 정읍지원 2013.03.13 2012고합143

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

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 four years from the date of the final judgment.

Reasons

Criminal facts

The Defendant is an operator of a private teaching institute teaching students in the regular Eup/Myeon, and the victim D (V, 10 years of age) is an operator of the private teaching institute.

1. On July 18, 2012, the Defendant: (a) on July 18:00, 2012, at the fourth class of the pertinent private teaching institute, sees the victim’s learning site; (b) putting the victim’s knife his knife his knife with the victim’s right-hand knife with the victim’s right-hand knife; and (c)

2. On August 23, 2012, at around 18:00, the Defendant committed an indecent act against the victim by making the victim’s right chest part of the victim’s right chest, who was unfolded of learning through a computer, in the third class of the said private teaching institute.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E, F, and D;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment for such crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [aggravating concurrent crimes resulting from the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under the age of 13)] among concurrent crimes;

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. Article 62 (1) of the Criminal Act (Discretionary mitigation Grounds and Grounds for Suspension of Execution in Consideration of following Reasons);

1. Probation under Article 62-2 of the Criminal Act;

1. Article 13 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is ordered to disclose;

1. Where a conviction of a person subject to registration of personal information in accordance with Article 38-2(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, a defendant subject to registration of personal information in accordance with Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be subject to registration of personal information in accordance with Article 34 of the same Act.