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(영문) 대전지방법원 공주지원 2017.05.10 2016고합35

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is a teacher in exclusive charge of E elementary school 5 and 6-year sports in Chungcheongnam-gun Group D.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against a minor under the age of 13) the victim F (a person under the age of 11) who was going beyond the school curriculum different from that of the above school curriculum at around 13:20 to 14:00 on March 2016, 201

In order to show his hand, he forced the victim who is under 13 years of age to wear his body, take the responsibility for his hand, and commit an indecent act by force against the victim, who is a person under 13 years of age, after his arms, etc., as if the victim was shouldered with the victim.

In addition, from July 2015 to May 16, 2016, the Defendant committed an indecent act by force against minors under the age of 13 on a total of 15 occasions, as shown in the list of crimes in the attached Table of crimes.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. At early 13:20 to 14:00 on April 2016, the Defendant rheeped the victim G (the string, the string, the age of 13) who was seated in the instant school lecture by a stage during the class of the curriculum at the above school entrance, and used the victim’s bucks bucks, which were 3 to 4 hand.

B. On May 2016, the Defendant appeared to have 3 to 4 times the victim’s left side with his/her hand, etc., who was going to be able to receive a distribution in the said school meal room at the early point of time.

Accordingly, the defendant committed an indecent act against the juvenile victim on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each video recording CD and each stenographic record;

1. An expert opinion on sexual assault against children or persons with disabilities;

1. Fact-finding surveys on school violence in the case investigation report, and in the year 2016;

1. Application of Acts and subordinate statutes on personnel record cards and certificates of school attendance;

1. Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, for which the relevant provision of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, Etc., and Article 298 of the Criminal Act (the fact of forced indecent conduct against minors under the age of 13) of the Criminal Act, Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse