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(영문) 서울중앙지방법원 2015.08.28 2015고합485
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

At around 15:00 on April 10, 2015, the Defendant, located in Nowon-gu in Seoul Special Metropolitan City, had the victim F (hereinafter referred to as 11) under the age of 13, who was under the age of 13, was engaged in the field of cream practice, was sentenced to the Defendant’s sexual indecent act against female students, who were enrolled in the after school hours after the school of the Defendant, by mixing the number of students with the exemption from the number of students working as school teachers after the school, and was in a state of difficulty to do so after the school of the Defendant, and was in a state of difficulty to do so.

Since then, the defendant tried to take the victim who complained of drums, stoves, and stove symptoms into a man-stove room on the third floor of the above indoor gymnasium, and then lose his mind by taking it out, and tried to keep the victim out of his will.

Accordingly, the defendant committed indecent acts by compulsion on a minor under the age of 13.

Summary of Evidence

1. Defendant's legal statement;

1. The transcript of each Seoul Sea Center and the expert opinion of each case of sexual assault against children with disabilities;

1. Each police statement of G and H;

1. A protocol of seizure and a list of seizure of expert evidence (Evidence Nos 12);

1. One USB ( Various CCTV images);

1. CCTV closure photographs (Evidence Nos. 20), on-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (suspects' hospital, medical treatment and confirmation of purchase of exemption from medical treatment);

1. Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Article 299 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The main sentence of Article 49 (1) 1 and 2, and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be applicable to a disclosure order or notification order;

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