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(영문) 서울북부지방법원 2016.09.09 2016고합235
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

The Defendant is a teacher of a Baduk and the victim D (V, 7 years old) is a primary student of a Baduk.

1. On January 2014, the Defendant committed an indecent act against the victim in F, “F,” located in “F” in Seoul Special Metropolitan City, Nowon-gu E building 305, by putting the victim to a counseling room by referring “Aar, E.,” and making the victim go to the floor up, with the victim’s turbane inside the floor, and with the victim’s sexual organ inside the turbane of the Defendant.

2. The Defendant committed an indecent act against the victim in a F class like paragraph (1) of the F, which was similar to that of the No. 1 in the name of the date of the Defendant, with the victim left, making the victim unfolded with the victim on the floor, leaving the victim up to the right her blick, and making the victim her sexual organ up to the her blick and blick.

Accordingly, the defendant committed an indecent act on the part of a minor under 13 years of age on two occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement of the police statement related to G;

1. A written statement prepared by H and the defendant;

1. Stenographic records, each recording book (Evidence records 384, 385 pages, etc.);

1. Notice of expert opinions and results of statement and analysis;

1. Drawings of the place of crime;

1. Determination as to the assertion of the defendant and his/her defense counsel by each investigation report (such as the submission of the victim’s disability diagnosis report and diagnosis report and the details of report)

1. With regard to Article 1 of the facts charged against the assertion, there is no fact that the Defendant forcedly committed an indecent act after the Defendant left the victim in F’s counseling room on the date in 2014.

2. Determination

A. In determining the credibility of a statement made by a child victimized by sexual indecent act committed in the prosecution as evidence, the child’s age is how much the child’s age is, how much the statement was made after the lapse of the time of the occurrence of the case, and then such statement is made after the occurrence of the case, taking into account the fact that the child’s crypology is strong by the questioner and that there is a possibility that confusion between the circumstances and reality or that the source of memory cannot be properly perceived.

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