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(영문) 광주지방법원 목포지원 2017.04.27 2016고합136
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a school lecturer of D Driving Schools in Southan-gun C, and the victim E (the victim E) is a student who was taking lectures from the Defendant from March 2016 to June 3, 2016.

Considering the above relationship with the victim, age of the victim, etc., the defendant had the mind to commit an indecent act while providing learning guidance using the fact that even if the victim commits an indecent act against the victim, the victim would not easily resist or refuse it.

1. On April 2016, the Defendant, as of April 2016, 201, knee and knee in the victim’s side and knee knee in the above private teaching institute lecture room and knee in the victim’s learning guidance, kned with the victim’s hand, and kned with the victim’s hand into the victim’s hand, and kned with the victim’s hand.

2. On May 2016, the Defendant: (a) kne and kneel keling in the above private teaching institute lecture room in the victim’s side; (b) kneing the victim with learning guidance; (c) rhumbbbbbbbbbs in his/her hand; (d) her hand included his/her hand in the victim’s seat; and (e) her knbbbs became her el with his/her finger.

3. On June 3, 2016, from around 17:00 to 18:00, the Defendant: (a) was seated in the lecture room at the pertinent private teaching institute to be side of the victim and knee kelel; (b) was engaged in learning guidance to the victim; (c) was fucking down with the victim’s hand; (d) was bucking down with the victim’s hand by inserting hand into the victim’s panty; and (e) the victim’s panty.

As a result, the Defendant committed an indecent act on three occasions against the victim under the age of 13 by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The statements or stenographic records made by a victim in a video CD recorded in the victim's statement;

1. A report on clinical psychology assessment;

1. Recording records (not more than 65 pages of investigation records);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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