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(영문) 광주지방법원 2013.09.05 2013고합243
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant, from April 2, 2013 to April 2, 2013, was a person who had been working as a teacher for an academic supplementary internship in charge of education at the “D Elementary School” located in Gwangju North-gu, Gwangju, and the victim E (the age of 12) is a student of the said school

The Defendant committed an indecent act on the part of a minor victim under 13 years of age on two occasions as follows.

1. On April 4, 2013, the Defendant: (a) around 15:00, at the learning learning room near the fourth and third class class of the above school; (b) by using the cre in which other students first have returned home, the Defendant sent their fingers to the victim’s chests.

2. On April 5, 2013, the Defendant: (a) around 15:00 on April 15, 2013, at the above learning learning room, the Defendant used other students’ first crebs in the victim’s clothes, putting the victim’s chests in the victim’s clothes, and confined the victim’s fingers into the victim’s clothes below the victim’s clothes.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to record notes (police statement of the E);

1. Relevant legal provisions on criminal facts, Article 7 (3) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); and Article 298 of the Criminal Act concerning the punishment of imprisonment;

1. Of concurrent crimes, an aggravated punishment as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment of Concurrent Crimes (aggravated Punishment of Minor Offenders under thirteen years of age)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), the main sentence of Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In light of the favorable circumstances, etc. that can be seen as the reasons for sentencing under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the disclosure order and notification order are exempted.

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