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(영문) 수원지방법원성남지원 2020.10.15 2020고합173
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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 is an after-school Baduk class instructor at the Sungnam OO elementary school, and the victim B (a student, a woman, a C student) is a student who hears after-school classes.

1. Around November 2018, the Defendant committed the crime, around November 2018, at the fourth floor after the school of the OO elementary school located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, the Defendant: (a) referred the victim (the age 11) to “her kis,” and, even though the victim refused to do so, she skidd the victim by hand; and (b) made the victim fit in a way suitable for the Defendant’s entry and drinking.

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

2. From November to December 12, 2018, the Defendant committed the crime around November 2018, to November 12, 2018, stated that the Defendant “one kisk” to the victim in the above classroom, and, even if the victim refused to do so, she was in a way suitable for the victim’s entrance into the Defendant.

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

3. Around April 26, 2019, the Defendant: (a) around April 26, 2019, in the instant classroom; (b) obstructed the back door of the defect that the victim (the age of 12) intends to move into the back of the classroom; (c) obstructed the victim by hand even though the victim refused to do so; and (d) obstructed the victim in a way suitable for the entrance of the victim to be injured by the Defendant.

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

4. On July 5, 2019, the Defendant committed the crime at around July 5, 2019, rhumd the victim, etc., who was blicked in the classroom above, on the stick on the khum.

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

Summary of Evidence

1. Application of Acts and subordinate statutes on police statements on the Defendant’s legal statement B (Stenographic record) to each investigation report (Presentation of victim’s Kakao Stockholm message data, confirmation of after school hours table), accusation, reference materials (Kakao Stockholm message), and Kakao Stockholm dialogue communications;

1. The punishment, etc. of sexual crimes committed in each of the preceding provisions of the relevant Act;

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