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(영문) 대전지방법원 논산지원 2017.02.22 2016고합39
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant stated in the family name in accordance with Article 23 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Victims of D Elementary Schools, Article 23 of the Act on Special Cases concerning the Punishment, etc. of Victims of Sexual Crimes, and Article 7 of the Act on Protection of Specific Crime Informants, etc. at the time of discussion. E (tentative name, leisure, 12 years old), F (tentative name, leisure, 12 years old) is a student of the class.

1. Crimes against victims E;

가. 피고인은 2016. 3. 하순 어느 날 15:00 ~17 :00 경 위 초등학교 6 학년 1 반 교실에서 학생들이 나간 뒤 피해자에게 상담을 하자며 피고인의 책상 쪽으로 오도록 부른 후, 치마를 입고 있던 피해자에게 “ 다리가 많이 텄다.

In this regard, the victim's knee and kneea by hand committed an indecent act by force against the victim under the age of 13 who is under the age of her knee and feasia.

B. From June 16, 2016 to June 17, 2017, the Defendant committed an indecent act by force against the victim under the age of 13 when female students are pursuing dancing, and by force, committed an indecent act against the victim under the age of 13.

2. The Defendant committed the crime against the Victim F, on March 15, 2016, completed the course of study at a 15:00 class of the first half of the six-year class of the above elementary school, and provided counseling to some students, and where students, who completed counseling, went out of the victim and got out of the victim, forced the victim under the age of 13.

Summary of Evidence

1. Part of the protocol concerning the examination of the accused by the prosecution and the police;

1. Each police stenographic record and statement recorded CDs in E and F;

1. Investigation reports (Attachment, such as a copy of a record), investigation reports (the date and time of damage);

1. Judgment on the assertion of some defense counsels and the defendant among the expert opinions on sexual assault cases against children or persons with disabilities

1. The summary of the argument is as stated in its reasoning, although the defendant was correct in the victim E’s bridge, there was no intention to commit an indecent act, and there was no fact that the victims were spared.

2. Determination:

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