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(영문) 광주지방법원 2016.09.30 2016고합202
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A 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 was in office as a second-year teacher of D elementary school in Bosung-gun C before around 2010, and the Victim E (M, H, Apr. 2, 2002, 8 years old) was a half of the students.

On the Defendant’s book, the Defendant, each of the students was in the second grade class class class class 1 of D elementary school around 2010, with a view to committing an indecent act against the victim E by committing an indecent act against the victim E, and the victim was mixed with the victim who was frighted with frighten, and frightened with the victim’s panty.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes governing the integrated support center for victims of sexual assault;

1. Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 298 of the Criminal Act regarding criminal facts

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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 proviso to Article 38(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012) (wholly amended by Act No. 11572), which is exempted from disclosure order, comprehensively takes into account the following factors: (a) the Defendant’s motive and method of committing the instant crime; (b) the Defendant’s motive, character and conduct, environment, etc.; (c) the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the disclosure order; (d) the preventive effect of the instant sexual crime subject to registration that may be achieved; and (e) the effect of protecting the victim from the sexual crime subject

The judgment is judged, and the crime is committed on April 15, 201 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse.

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