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(영문) 수원지방법원 2020.01.30 2019고합347
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is an extra-school lecturer at victim B (n't, family name, 11 years of age).

1. On September 12, 2018, the Defendant: (a) around September 12, 2018, around September 12, 2018, posted a book in the DKaf E’s spack room located in Gangnam-gu Seoul Metropolitan Government, and was engaged in extra-accidenting operations with the victim; (b) opened the victim’s side on the ground that he/she puts up the mold or difficult problems; and (c) opened the victim’s hand on the inside of the buckbucks where he/she himself/herself left, or commits an indecent act on the buckbucks.

2. On October 3, 2018, the Defendant committed the crime: (a) around 15:10 on October 3, 2018, between around 15:10 to 17:18, the Defendant kept a book with the victim at the above location and was engaged in the extra-accidenting operations with the victim; (b) opened the victim’s side on the ground that he/she gets out of the locking problem or difficult problems; and (c) opened the victim’s seat on the inside of the bucking area, he/she committed an indecent act on the victim’s buckbucks.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Records of statements made by victims;

1. Reports on internal investigation (Analysiss following the securing of CCTV images which have occurred in a crime);

1. Two copies of the statement or video recording of victims;

1. A copy of a DNA video screen;

1. Application of Acts and subordinate statutes to a statement and analysis report on child sexual assault;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment of such crimes;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes committed by a person under thirteen years of age) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on October 3, 2018 with heavy penalty);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. An order for disclosure;

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