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(영문) 제주지방법원 2020.12.24 2020고합56
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

A defendant shall be punished by imprisonment for six years.

The defendant is a child or juvenile-related institution, etc.

Reasons

Punishment of the crime

To the extent that it does not infringe the defendant's right of defense, part of the facts charged was revised.

The defendant is a person who worked as a sports teacher of the D Schools in Seopopo-si C, and the victim E (one, five years of age) and the victim F (one, five years of age) are students attending the above D Schools.

1. The Defendant, in the middle of January 2020, committed an indecent act against the victim E, committed an indecent act on the ground that the Defendant would be able to hear the bridge while engaging in physical training at the room of the above D School, and that the Defendant was in the vicinity of the victim E by hand.

2. On January 2020, the Defendant committed indecent act against the victim F by inserting his hand two times in the victim’s panty line on the ground that he tried to play sports in the same place as the place mentioned in the above paragraph (1) and tried to play sports in the same place.

Accordingly, the Defendant committed each indecent act against the victim E and F, who is a minor under 13 years of age by force.

Summary of Evidence

Witness

G, H, I, and J’s respective legal statements E-Video CDs, F video recording time table legislation shall apply.

1. Article 7(5) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 17264 of May 19, 2020), the selection of imprisonment with prison labor, and the selection of applicable provisions on criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, proviso to Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); the Defendant’s age, occupation, risk of recidivism; the type, motive, process, disclosure and notification order of the instant crime; the degree of disadvantage and anticipated side effects of the Defendant’s entry; and prevention of sex crimes subject to registration that may be achieved therefrom.

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