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(영문) 대구지방법원 2018.10.05 2018고합141

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Defendant

In addition, the applicant for the order to observe the protection (hereinafter referred to as the "defendant") was committing the following crimes while engaging in Taekwondo practice against the victims as the Taekwondo criminal.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against minors under the age of 13);

A. On September 2017, the Defendant, on the second floor of the 19:00 Daegu Suwon-gu building B, the second floor of the 2nd floor “C Taekwondo” building located in the gu Suwon-gu, Daegu-gu, as of September 2017, included the hand of the victim D (V, 10 years old) who was seated and was seated, in a way that the Ampid, carried the hand, and became the chest twice.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

B. On September 2017, the Defendant was engaged in the business following the above victim in the Taekwondo Chapter, and became the chest of the victim by extending to the shoulder of the victim.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

2. From July 2017, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act)

8. Around 21:00, at the same 21:00, he/she made a report on his/her shoes to go to the house in the above Taekwondo Chapter, with his/her own amblock of the victim E (in female, 13 years old).

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness F and G’s respective legal statements and the witness H’s partial statement in the court;

1. Each statement of victims of video recording CDs for each victim;

1. Application of Acts and subordinate statutes on settlement of cards;

1. Relevant Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (the fact of forced indecent conduct by a minor under the age of 13 and the choice of each imprisonment), Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the fact of forced indecent conduct by a child or juvenile, and the choice of imprisonment with labor);

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Article 1-2) of the Criminal Code for the Aggravation of Concurrent Crimes.