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(영문) 인천지방법원 2019.06.21 2019고합182
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
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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

On September 25, 2018, at around 13:25, the Defendant: (a) displayed his sexual organ to female students; (b) had the sexual impulse response; (c) had the instant singing practice room returned to the said singing practice room; (d) discovered the victim D (a) and the victim E (a 12 years old, 12 years old, 12 years old, 12 years old); and (c) opened the said singing practice room at the entrance of the said room room, the Defendant got out of the victim.

The defendant, from six occasions to three stories of the victims, came back from the beginning of the victim, through the stairs, opened an elevator's pressing, cut down, and waits for the sexual organ by one hand, while the elevator on which the victims were on board stops on the third floor and stops on the third floor so that the heater "by stop," and shaking the fingers of the sexual organ.

Accordingly, the defendant committed an indecent act against the victims of less than 13 years of age by force.

Although the defendant did not directly contact the body of the victims, and the victim could immediately escape from the above situation after the elevator stops, the above act by the defendant is an indecent act by force, and it constitutes an indecent act by force, even though the defendant did not directly contact the victims' body, and the victim could escape from the above situation.

(Supreme Court Decision 201Do7164, 2011 Jeondo124 Decided January 16, 2013). Summary of evidence

1. Defendant's legal statement;

1. Each written statement of D (alias) and E;

1. Each stenographic record (D, E);

1. Application of Acts and subordinate statutes to report internal accidents (a CCTV verification, such as aC singing practice room);

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (hereinafter referred to as "victim E") of the same Code.

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