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(영문) 부산지방법원 2017.09.22 2016고합490
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a music teacher exclusively in music of D elementary schools in Busan-gu, Busan-do, and the victim E (the age of 11) was a student of 6th class 2 of D elementary school.

On March 2, 2016, around 14:30, the Defendant instructed the victim who was waiting for after-school English classes before D elementary school music rooms to fill out the breath of the five-year-year-year-year-year-end-year-year-year-old student in the music room. However, the victim was sent out during the Do, and the victim was removed from the place of separate collection with the victim, and then the victim was thrown away with the victim, and then the victim was able to use the breath to the lower end of the 5th day after the victim’s booming back with the upper end of the left hand of the victim.

As a result, the Defendant committed sexual abuse, such as sexual harassment, which makes a minor under the age of 13 a child feel sexual humiliation at the same time.

Summary of Evidence

1. Each legal statement of witness F, G and H;

1. Statement made by the witness I in the second public trial protocol;

1. Report on internal investigation (referring to the receipt of written requests for cooperation in investigation of D elementary schools) and written requests for investigation;

1. Reports on internal accidents (referring to victims and personal information of suspected victims and personal information of suspected victims), and notification of personal information;

1. Investigation report (victim E and 11 years old); the victim's green pictures, video recording CDs, stenographic records (victim E);

1. Investigation report (Attachment to a criminal suspect and a victim's resident registration transcript, etc.) and a certified copy of each resident registration;

1. Investigation report (as to the attachment of an expert opinion on the case of sexual assault against a child with disabilities), written opinion;

1. A survey report on actual conditions;

1. Application of the layout degree of D school classrooms and the statutes governing field photographs;

1. Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (the point of compulsory indecent act against a minor under the age of 13), Article 71 (1) 1-2 and Article 17 subparagraph 2 of the Child Welfare Act on the crime (the point of sexual abuse against a child);

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (the punishment shall be heavier).

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