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(영문) 창원지방법원 통영지원 2019.01.10 2018고합85
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)등
Text

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 in charge of operating the Taekwondo Sports Center B, and the victim C (the victim, 21 years of age) is an official member who has engaged in a campaign for about 11 years in B gymnasium operated by the defendant.

1. The prosecutor charged the criminal facts stated in paragraph (1) of the same Article with “violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age)” but this case is subject to the former Act on the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof, and the name of the crime should be changed to “violation of the Act on the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age)” under the former Act on the Protection, etc. of Victims thereof.

Since the above change of the name of the crime does not actually disadvantage the defendant's defense, the name of the crime shall be recognized as "violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof" without going through the amendment procedures.

On August 1, 2009, at around 05:40, the Defendant continued to attract the son C (at that time 12 years of age), who was divingd on the floor of the sports hall after training together, and to attract the son on the part of the victim, such as the victim, and to gather the son on the part of the victim, and continuously carried the son on the part of the victim, and continuously carried the son into the son’s son’s son’s son’s son’s son’s son.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's failure to resist, who is under 13 years of age.

2. A quasi-indecent act by compulsion on April 23, 2016, the Defendant is the victim’s hand floor located in the vicinity of the Overside E rest area in Busan on April 19, 2016, with the victim’s hand room located in the front of the driver’s license whiteland, which is a driving school vehicle, and is diving, and the lower part of the victim’s ship and chest.

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