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(영문) 부산지방법원 2014.11.14 2014고합506
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person operating "D Taekwondo hall" in Busan Northern-gu C, and the victim E (nive, nine years of age) is an elementary school student who takes Taekwondo from March 2014 to the above defendant in the above Taekwondo place.

1. At around 14:50 on July 8, 2014, the Defendant discovered that the said victim was playing together with his/her birth and friendship, led the victim to commit an indecent act against the victim, led the victim to his/her seat, and forced him/her to bring the victim into the seat of the defendant, and had the victim dance in line with the view.

2. At around 14:50 on July 9, 2014, the Defendant forced the victim to sit in the kneee of the Defendant, and had the victim dance in line with the victim’s view and alcohol.

3. At around 14:50 on July 10, 2014, the Defendant discovered that the said victim is mixed, and led the victim to the place where the victim was able to commit an indecent act, forced the victim to enter the place where the victim was sexually, forced the victim to enter the place where the victim was bread, let the victim take the floor, let the victim bread, and let the victim bread with his sexual flag, and put his hand into the part of the victim's inner part.

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

Summary of Evidence

1. Defendant's legal statement;

1. The statement of E recorded in the video CD;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to each investigation report and investigation report (field investigation and photograph attached thereto);

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 for such crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes resulting from a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age) committed on July 10, 2014, which is the largest penalty];

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act are advantageous to discretionary mitigation.

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