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(영문) 서울남부지방법원 2016.10.21 2016고합322

아동ㆍ청소년의성보호에관한법률위반(위계등추행)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant, as a high school technical and home teacher in Gangseo-gu Seoul Metropolitan Government, was in charge of a broadcast club guidance in the broadcast department, and the victim D (n, 17 years old), E (n, 18 years old), F (n, 17 years old), G (15 years old), etc. is a student of the broadcast department in the above broadcast department, and the victim H (a family name, leisure, 18 years old) is a student of the above broadcast department who was frequently in the broadcast department according to the above F.

On June 8, 2016, the Defendant reported that the victim D was able to sit in the above school broadcasting room at the point of the first instance on June 8, 2016, and reported that “D was boomed,” and the Defendant was aground in the victim’s bucks and bucks.

In addition, the Defendant committed an indecent act by force against the Defendant’s school principal and five victims, who are children and juveniles, on a total of 19 occasions from the first half of 2014 to the said temporary date, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of I, E, and H;

1. A written statement of F, H and G;

1. The application of statutes in 16 copies of voluntary reports, statements of victims and counseling days, each stenographic record, oral statement, picture, investigation report (related to investigation at the scene of crime), video CDs;

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act, which provide the corresponding legal provisions and the choice of punishment for the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse requires careful attention in that disclosure and notification orders may have a significant impact on the Defendant. The instant crime is not a crime committed against many unspecified persons; the Defendant has no record of sexual crimes.