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(영문) 부산지방법원 동부지원 2016.12.20 2016고합154
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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 of the final judgment.

Reasons

Criminal facts

The defendant is the English instructor of the D Teaching Institute with which the victim C(AW, 13 years of age) had.

On March 3, 2015, the Defendant proposed that the victim and the victim’s friendship E, and proposed a meeting to create a “F” containing the name of the victim, and then the Defendant play together with the expenses at a large restaurant, film theater, etc.

1. On March 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor indecent act by compulsion under the age of 13) committed an indecent act against the victim (the age of 12 at the time) in the second-year class class of the Dental Institute of Dental Research located in Busan Sin-gun G, Busan, with the intent of committing an indecent act against the victim (the age of 12 at the time), brought the victim into the classroom, brought the victim into the classroom, brought the victim’s hand against his will

Accordingly, the defendant committed indecent acts by force against the victim under the age of 13.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. On April 2016, the Defendant: (a) committed an indecent act against the victim, such as intending to spread the Defendant’s arms against the victim’s will; (b) in the class 3-year classroom of the D Teaching Institutes; and (c) in the class, the victim was able to engage in an indecent act against the victim’s will; and (d) in the middle class room, the victim was fluoring the victim’s shoulder, namely, “the victim should not know,” and committing an indecent act against the victim’s hand, by taking the victim’s hand against the victim’s will.

B. From April 2016, the Defendant

5. Around 15.15. Of the first-year class class class class of the D Driving Schools, the victim was able to commit an indecent act against the victim, and the victim said that “an indecent act was committed against the victim’s will by fluoring the victim’s hand against the victim’s will. Females are good for a fluorous fluoring fluor.”

C. On June 7, 2016, the Defendant: (a) around 18:20, at the vicinity of the first-year class class of D Driving Schools; and (b) was the victim.

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