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(영문) 창원지방법원 통영지원 2014.02.17 2013고합113

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was a person operating the E Taekwondo hall on the third floor of the D building in macro-si, and the victim F (V, age 6) was a student attending the above Taekwondo hall from March 201 to September 201.

Even if the defendant commits an indecent act against the victim under the pretext of correction of attitude during the Taekwondo training, the victim was aware that he would not easily refuse or speak to other people due to the Ordinance of the Ministry of Security and Security in an string environment with the age of age.

At around 14:00 on the same day in 201, the defendant put his hand into the Do-do-to-do-to-do-do-to-do-do-to-do-under, and her her her son was her her bel-to-do-be.

Accordingly, the Defendant committed indecent act against the victim under 13 years of age by force.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Stenographic records;

1. An expert opinion and the submission of legal support data in cases of sexual assault against children with disabilities (the Marine Child Center);

1. Application of each statute;

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual 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 (The following extenuating circumstances among the reasons for sentencing);

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction of the defendant who has registered personal information of this case under Article 49 (1) 1 and the main sentence of Article 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant is a person subject to registration of personal information of this case under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. Legal penalty;