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(영문) 인천지방법원 2018.03.23 2017고합760
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

To the extent that it does not substantially obstruct the defendant's exercise of his/her right to defense, the facts charged are revised ex officio and recognized as facts constituting a crime.

The defendant is a person who works as a school instructor at a D private teaching institute located in the third floor of the Yeonsu-gu Incheon Metropolitan City building C, and the victim E (one year of age at the time) is a school student who has been in office at the above D private teaching institute.

On June 19, 2017, the Defendant: (a) around 21:40 on June 19, 2017, on the front corridor of the pertinent D Driving Institutes, on the ground that the victim did not know about the matter; (b) the Defendant was placed behind the entrance of the skin cosmetic, which the victim could not easily see from others; and (c) the Defendant was placed behind the entrance of the skin cosmetic, and (d) the victim “h does not

The "buckbucks" refers to "the victim's kbbbbbbbbbbs", and the victim's kbbbbbbbs back back to the defendant, and the victim's kbbbbbbbbbs back back to the defendant, and the victim's kbucked with his her kbbbum, and the victim's kbuck

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Stenographic records;

1. Recording recording recording recording recording;

1. Application of Acts and subordinate statutes to field photographs and CCTV data;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and the choice of imprisonment with prison labor, concerning the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 against Sexual Abuse;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (which has no record of punishment for a sexual crime by the defendant, and the crime of this case is not committed against unspecified victims, and there is a general risk of recidivism of a sexual crime by the defendant.

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