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(영문) 수원지방법원 성남지원 2016.04.14 2015고합307
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant in the fourth grade of the Taekwondo Department “D University” was a person who worked as a assistant gymnasium in Songpa-gu Seoul, Songpa-gu and fourth grade, and the victim G was a student who was enrolled in the above gymnasium.

1. On January 19, 2013, the Defendant participated in the skiing camp at the first floor room of “I” located in Chuncheon-si, Ma around 18:00, the first floor of “I”.

A minor who is under 13 years of age is under difficulty in victim G (the remaining, 7 years of age) and covered the fluor, lying the victim on the floor, lying the victim's sexual flag on his/her own hand, leaving the victim's panty and continuously leaving the victim's panty.

2. On August 2015, the Defendant took water play in the K Water Pak in Gwangjin-gu Seoul Special Metropolitan City (J) around Saturdays in the U.S. on the date of August 2015.

The victim G (the remaining and the age of 10) was a minor under the age of 13, and the victim G (the age of 10) was able to put the victim's winters in the middle of the victim's own body, sparing the victim's fingers, sparing the victim's fingers, leaving the victim's fingers into the water, repeating the victim's bodily contact, and attempted physical contact.

3. On August 22, 2015, at around 12:50 on August 22, 2015, the Defendant was easy to conduct the test at the F Taekwondo Sports Hall.

The victim G (son, 10 years of age) was a minor person under 13 years of age, while the victim's breast and francs were kid by the victim's own hand, and the victim's grandchildren were boomed.

Accordingly, the defendant committed an indecent act against a minor under the age of 13 on three occasions.

Summary of Evidence

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

1. Statement by the police concerning L;

1. The Seoul Integrated Support Center for Victims (police Hospital No. 3) stenographic records (as to the facts charged in the judgment, the defendant merely saw the victim's grandchildren and did not have any fact that the breast and franchising were met. However, according to the statement made by the victim at the police hospital, this part of the facts charged is sufficiently recognized, and the defendant's above assertion is not accepted) is applied to the law.

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