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(영문) 인천지방법원 2018.10.19 2018고합479

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)

Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant is a person who is a person who is a criminal of “C Taekwondo” school accompanying a victim B (son, 9 years of age).

On November 11, 2017, from around 14:00 to 15:40 on the same day, the Defendant: (a) at the “C Taekwondo Driving Institute” located in Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, the Defendant suggested that, during the breaking time, the Defendant changed the victim’s place to the front body and “games off the body of the body of the victim with 1:1 with the victim, in which the victim was released from the body of the victim, and the victim was laid off from the body of the victim.” (b) The Defendant suggested that during the breaking time, the Defendant changed the victim into the front body, and that the victim was “games off the body of the victim, satis.”

While the Defendant continued to engage in a shot practice with the victim in the above Taekwondo Institute, the Defendant: (a) was unable to clothes off the victim’s body while the victim repeatedly shot the spoke; (b) was spoking off the spoke and panty; (c) led the victim to depict the spora; and (d) by deceiving the victim as follows: (a) “I would like to walk off the spoke because I do not have any spoke; (b) I would like to go back the spora while I spora, I would like to go back the spora; and (c) by deceiving the victim by hand, I would like to commit an indecent act against the victim under the age of 13.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of statutes governing stenographic records;

1. Relevant Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant was not guilty, and the victim of the instant crime is not an unspecified person).