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(영문) 대구지방법원 상주지원 2015.03.26 2015고합8
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
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

From August 25, 2014, the Defendant was a fixed-term teacher who was responsible for the 2nd grade of D elementary school in the Gu and America from around August 25, 2014, and the victim E (here, F) who is a student of Ban who was responsible for the Defendant’s wall was willing to commit an indecent act against the victim by using the Defendant’s horse that is a teacher, well-known.

1. On November 2014, 2014, the Defendant: (a) stated the victim who was in school study in the class of the third grade and the second grade class class; and (b) stated the victim’s tabma along the school table; (c) laid the victim’s tab, and laid the victim’s her nab in his her hands.

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

2. At around 13:00 on November 18, 2014, the Defendant: (a) stated that the victim who had been a member of the society remaining in the above classroom and had been a member of the community will enter the victim’s trust; (b) stated that the victim’s knife was a part of the victim’s knife; and (c) met the victim’s knife only once, only once, and only two knifes must be kept confidential; and (d) again, the victim’s knife had a part of the victim’s knife.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. The statements and records recorded by the victims in the video CDs;

1. Investigation reports (video recordings for victims E), investigation reports (for the preparation of simultaneous recording records when investigating damage to the E), reports on internal investigation (for interviews with victims' gatherings), and reports on internal investigation (for the attachment of reports on receipt of school violence cases);

1. Application of a report on receipt of the case of school violence and the statutes governing the place of handling the case;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment of Crimes as stated in paragraph (2) with heavier punishment)

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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