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(영문) 의정부지방법원 2021.01.29 2019고합366
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the president operating the "C" in Spocheon-si B, and the above private teaching institute provides students with Taekwondo lessons, and the victims are students attending the above private teaching institute.

1. 피해자 D에 대한 강제 추행 피고인은 2018년 3월 초순경 위 학원 휴게실 내에서, 소파에 있던 피해자 D( 여, 12세) 이 피고인에게 인사를 하자, 피해자에게 “ 살이 너무 쪘다 ”라고 말하며 갑자기 손가락으로 피해자의 뱃살을 잡아 꼬집어 피해자를 강제로 추행하였다.

2. The Defendant, in the early April 2019, committed an indecent act by force against the victim E (the victim E) committed an indecent act by force on the victim E (the victim E (the 12-year old), who was in his or her place, with his or her own hand, as he or she am with his or her son, as he or she am with his or her own hand.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. A video CD (D) in each legal statement of the witness F, G, H, and E (alias);

1. An expert opinion on statement and analysis of D stenographic records;

1. Application of Acts and subordinate statutes to each investigation report (the Nos. 5, 9,10 of the evidence list);

1. Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 298 of the Criminal Act, the selection of punishment for imprisonment, etc.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) (amended by Act No. 16622, Nov. 26, 2019); and

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