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(영문) 춘천지방법원 원주지원 2013.10.31 2013고합41
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

From February 2, 2012, the Defendant served as a stable catus teaching the axis of elementary school students, including the Victim F (F, 10 years of age) in the after-school class of the E Elementary School located in Gangwon-do from February 4, 2012.

The Defendant, at the parking lot located adjacent to the said Eth Elementary School Ethical classroom at the time of snow 2012, after finishing the said Ethical classroom, sent the victim to the rear seat of the Defendant’s vehicle, a vehicle for the reason that he was caught from the victim, and the Defendant also sited into the back seat of the Defendant, and knee, sit the victim at knee and knee, cut the victim into the back seat, cut down the part of the victim’s chest and distribution with the victim’s clothes, cut down several times, and turned down the part of the victim’s chest and distribution with the victim’s kne, and displayed that the victim’s knethical part was flad next to the victim’s kne, and displayed that the victim’s knethical part was flad with the victim’s kne.

Accordingly, the defendant committed an indecent act against the victim who is a child.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, H, I, and J;

1. Some statements of the prosecutor's office and police interrogation protocol of the accused;

1. Each statement of F recorded in the video CD (the No. 32,247 of the evidence list);

1. The place where counseling is conducted at the beginning of sexual impulses;

1. Written opinions of experts in sexual assault cases against children under the age of 13, and written opinions of child sex assault cases;

1. Investigation report (to hear the statement of a health teacher H or a temporary teacher K phone call);

1. Application of statutes on site photographs of the case

1. Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Assault Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act, the choice of imprisonment, and the choice of imprisonment

1. Order to complete a program, Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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