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(영문) 대구지방법원 포항지원 2015.06.01 2015고합31
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
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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 Sh School Bus driver in C Elementary School, and the victim D (n, 10 years old) is a student of C Elementary School, and the above Sh School bus is not used.

1. The Defendant: (a) around 15:00 on October 7, 2014, at the C elementary school parking lot located in Nam-gu, Nam-gu, Sinpo-si, Sinpo-si, the Defendant called “the pet bus inside the Shhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Accordingly, the defendant committed an indecent act against the minor victim under 13 years of age by deceptive means or by force.

2. On October 15, 2014, at around 15:05, the Defendant: (a) called “the victim getting on and off the vehicle”; (b) boarded all other students; (c) parked a ghing bus in the vicinity of the south-gu E at the port; and (d) laid off the victim who was seated immediately after the driver’s seat on the back seat of the hing bus; and (c) laid off the victim who was seated immediately after the driver’s seat on the part of the victim’s body, she was inside the victim’s body with his/her chest and her chest with his/her chest as the victim’s clothes with another hand.

Accordingly, the defendant committed an indecent act against the minor victim under 13 years of age by deceptive means or by force.

Summary of Evidence

1. Defendant's legal statement;

1. D’s statement contained in a video CD;

1. The police statement concerning G;

1. Each counseling day, October 2014, applicable to the Acts and subordinate statutes governing driving areas;

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

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