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(영문) 인천지방법원 2016.07.15 2016고합304
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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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 is a person operating a “E” private teaching institute located in Jung-gu Incheon Metropolitan City D, and the victim F (V, 12 years of age) is a student attending the said private teaching institute.

1. At around 15:30 on the spring day 2015, the Defendant: (a) the victim, who was seated and was studying on a book, wanted to become aware of the matter; (b) the Defendant 15:30 on the spring day.

“The victim was kneeed with the Defendant’s knee, followed the victim’s knee in the victim’s knee and panty, putting the Defendant’s hand in the victim’s knee, and knee the victim’s kne in the victim’s clothes.”

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

2. At around 17:00 on April 5, 2016, the Defendant: (a) opened the victim’s body in the above private teaching institute and opened the victim’s body to close close to the Defendant; (b) opened the victim’s panty with the victim’s panty; (c) opened the victim’s hand into the victim’s body; and (d) opened the victim’s chest with the victim’s hand; and (d) opened the victim’s panty to the knife; and (e) opened the victim’s knife on the part of the knife; and (e) opened the victim’s knife on the part of the knife; and (e) opened the victim’s knife.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. stenographic records of the police with respect to the F;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to forests and field photographs of damaged persons on the spot;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment of such crimes;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on April 5, 2016 with heavy penalty];

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing) of the mitigated amount of punishment

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