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(영문) 춘천지방법원 2018.07.20 2018고합22
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
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The imprisonment with prison labor for the accused shall be two and a half years and six months.

For the defendant, 40 hours of sexual assault treatment program.

Reasons

Punishment of the crime

The defendant is operating C Music Institute with his wife in Chuncheon City B.

1. The Defendant, around November 2015, committed an indecent act against the victim under 13 years of age by force by using the victim’s bucks and rhym rhym stiffing the victim’s hand while sitting together on the right side of the piane, wherein the victim D (Woo, 8 years of age) who is enrolled in the music education institute.

2. At around 15:00 on April 3, 2017, the Defendant committed an indecent act against the victim under 13 years of age by force, by holding the victim’s kymbs as kymbs, with knife knife knife knife knife knife knife knife knife knife with the victim.

3. On April 4, 2017, the Defendant committed an indecent act against the victim under 13 years of age by force by using and rhythizing the victim’s hand during music at the same music institute around the same time.

4. Around April 24, 2017, the Defendant committed an indecent act against the victim under 13 years of age by force by holding that the victim was seated with her poper, who was sitting in the same music institute around April 24, 2017, and was able to use the victim’s bucks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of Acts and subordinate statutes to the notification of the results of each video recording CD or statement analysis;

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes, and Selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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