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(영문) 대구지방법원 2008.11.21.선고 2008고합668 판결

성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)

Cases

208Gohap668 Violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof.

(13) Minor Rape, etc.)

Defendant

A

Prosecutor

Manam-do

Defense Counsel

Attorney B (Korean National Assembly)

Imposition of Judgment

November 21, 2008

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Access information on the accused shall be made available for inspection for five years.

Reasons

Criminal facts

The Defendant is a Cschool lecturer.

On August 9, 2008, the Defendant, at the 4th floor video learning room of the pertinent private teaching institute located in Sinsan-si, around 13:20 on August 13:20, 2008, committed an indecent act by force against the victim E (the age of eight) who opened the film, putting the blank film on the victim’s cry and chest, making the victim’s crym and chest while standing the film, kid on the bridge, kid on the victim’s panty, and kid on the bridge, by putting the victim’s hand into the victim’s panty, and putting the victim’s drinking part on the bridge.

Summary of Evidence

1. Statement corresponding thereto in this court;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 8-2 (3) of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof, and Article 298 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. A favorable circumstance for sentencing under Article 37(1)1 and (4) of the Act on the Protection of Juveniles from Sexual Abuse is that the Defendant agreed with the parents of the victim smoothly, and that the Defendant is an initial offender who has no record of criminal punishment.

However, the crime of this case is not very good because the defendant, who is a teacher of a private teaching institute, directly teach young children, committed sexual misconduct in the private teaching institute lecture room for the victim, who is merely eight years of age, and the crime of this case is very good in terms of the fact that he committed an indecent act in the private teaching institute room for the victim, who is only the victim who is only eight years of age, and that he believed that he was responsible for and neglected the trust of young students, and that he was the object to take care of the victim's desire.

Although the defendant can defend himself as a practical number due to the shock between the times, the victim who is the age before the establishment of the sex identity may still have a serious difficulty in living as a healthy member of this society in the future because of bad memory in the times of her, or because of distorted sexual consciousnesss that have been distorted in the awareness of intention or diving, the sexual assault committed against her children need to be done solemnly regardless of their seriousness for general aggressive effects. Accordingly, the defendant will be sentenced to a punishment for the defendant.

However, the above circumstances are considered in favor of the defendant, and the sentencing conditions specified in the proceedings of this case, such as the defendant's age, character and conduct, environment, and circumstances before and after the crime, shall be considered as ordered.

Judges

The presiding judge, appointed judge;

Judges Excellent

Judges Civil Service Bureau