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(영문) 대구지방법원 2017.08.25 2017고합133
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
Text

A defendant shall be punished by imprisonment for eight years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant, from June 201 to May 2016, 201, was a person who taught Taekwondo in Taekwondo Teacher (hereinafter referred to as " Taekwondo Teacher") accompanying the victim D (8 taxes) located in Daegu-gu, Daegu-gu, and served as a person who has taught Taekwondo.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive schemes against minors under the age of 13);

A. around 2015, the Defendant entered the Taekwondo Private Teaching Institutes away from the Taekwondo Private Teaching Institutes and demanded the victim to bring the victim into the Defendant’s entrance, and posted his own house in the drafting of the victim.

B. From December 2, 2015 to February 2, 2016, the Defendant: (a) laid the victim’s knee in his/her knee and knee in his/her knee; and (b) shakeed the victim’s kne in his/her kne part.

Accordingly, the defendant committed an indecent act against a minor under 13 years of age by force.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (only between minors under the age of 13, including deceptive schemes, etc.), on May 9, 2016, the Defendant, around 13:30, 201, made the victim knee and knee in the escape room of Taekwondo knee, and let the victim knee with the snow of the victim with the clothes knee and the defendant's knick hand knick, put the finger in a knick, display the knick, and then sknick the finger as soon as the Defendant knick.

Then, I put his sexual organ into the entrance of the victim.

Accordingly, the defendant, by force, committed an act of inserting a minor under the age of 13 into the inside of the body such as the mouth of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of D contained in video recording CDs (Evidence Nos. 9, 23-1);

1. Statement made by the police with respect to E and D;

1. Each investigation report (the sequence 10, 18, 21 of the list of evidence), and notification of the results of statement analysis;

1. Application of the Act and subordinate statutes of CDs and tape-records (Evidence List Nos 20-1, 20-2);

1. Article 7(5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which are applicable to the relevant criminal facts and selective punishment, shall be the threat of minors under the age of 13;

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