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(영문) 창원지방법원 진주지원 2016.09.01 2016고합39
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

The defendant from March 30, 2016 to the same year.

4. Until January 1, 200, the “E” youth training center located in the Ha-dong, Ha-dong, Chungcheongnam-do, was in charge of the safety management of students and their actions, as assistant instructors for students in the first grade of the Ulsan FF Middle School, who performed training activities with the said training center.

The Defendant had expressed his mind to commit an indecent act against the students using his/her right to instruct the students’ living, by reporting the living patterns of the above students in the training center.

1. 피해자 G 관련 범행 피고인은 2016. 3. 31. 01:00경 위 E 청소년수련원 숙소에서, 위 중학교 학생인 피해자 G(남, 12세)이 자신들에 대한 지시 권한을 가진 피고인에게 겁을 먹고 그 지시를 따른다는 점을 이용하여, 피해자가 잠을 자지 않는다는 이유로 피해자에게 “왜 자는 척 하냐”라고 위압적으로 말하여 반항하지 못하게 한 후 손으로 피해자의 성기 부위를 바지 위로 2회 만지고, 발을 피해자의 엉덩이 부위 밑에 집어넣고 3회 비볐다.

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

2. From 01:00 to 02:00 on the above day, the Defendant: (a) at the above E Youth Training Center’s accommodation, the victim H (maW, South, 12 years old) who is a middle school student at the above E Youth Training Center stated that “I wish to drink” the students; and (b) took advantage of the fact that the victim H (maW, South, 12 years old), who is the student of the above middle school, does not resist the Defendant who has the authority to instruct him/her, and the victim did not fright up to drinking, the Defendant she laid his/her her son into the victim’s seat and her her her her son was b

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

3. The victim I-related criminal defendant is a middle school student from around 01:00 to around 03:00 of the above day, while checking the student's personal life at the above E Youth Training Center.

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