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(영문) 대전지방법원 2013.12.13 2013고합398
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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A defendant shall be punished by imprisonment for three years.

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

Reasons

Criminal facts

The Defendant is a person who has been operating a “D” private teaching institute, and the victim E, a female student, has received lessons at the above private teaching institute operated by the Defendant.

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor indecent act by force) committed an indecent act by force by force, on November 1, 2012, between 16:30 and 19:00 on the grounds that, during the period between 16:30 on November 1, 2012, the Defendant provided the victim with the victim (the age of 12 at that time) in the lecture room of the Daejeon Seo-gu “D Private Teaching Institute,” while unilaterally provided the one-day one-day one-day one-day one-day one teaching curriculum,

In addition, the Defendant, from November 2012 to May 2013, 2013, committed an indecent act by force on 15 occasions all of the victims, such as the entry in Appendix I.

2. The Defendant, who violated the Act on the Protection of Children and Juveniles against Sexual Abuse, committed an indecent act by force against the victim in the same manner as the preceding paragraph while giving the victim (the age of 13) and the day lessons within the lecture room of the pertinent private teaching institute from 17:00 to 19:30 on June 1, 2013.

In addition, the Defendant, from June 2013 to August 7, 2013, committed an indecent act by force on 17 occasions all of the victims as shown in Appendix II by the same method.

3. 아동ㆍ청소년의성보호에관한법률위반(준강간등) 피고인은 2013. 8. 9. 18:30경부터 19:30경까지 사이에 위 학원 강의실 내에서 피해자(당시 13세)가 책상에서 깊이 잠이 들어 있는 것을 발견하고 다가가 피해자의 어깨를 한쪽 팔로 감싸 안은 채 다른 손을 피해자의 상의 속옷 속으로 집어넣어 양 가슴을 여러 차례 주무른 후 상의를 위로 올려 입으로 가슴을 핥고, 계속하여 피해자와 입을 맞추고 다리를 만졌다.

Accordingly, the defendant committed an indecent act on the part of the victim by taking advantage of the mental condition of the victim.

Summary of Evidence

1. The defendant;

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