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(영문) 광주지방법원 목포지원 2017.09.21 2016고합67

아동ㆍ청소년의성보호에관한법률위반(위계등추행)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

In 2015, the Defendant served as a teacher at the I High School located in H, G, and was in charge of the subjects of class 1 and class 2 literature.

From Sep. 2015 to Oct. 4, 2015, the Defendant intending to put up and cause the victim’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son by force.

Summary of Evidence

1. The defendant's legal statement;

1. Legal statement by the witness J;

1. Each part of the statements made by the witness K and L in the second public trial protocol;

1. A protocol concerning the examination of the suspect against the accused by the prosecution;

1. Written statements of the J;

1. A report on the receipt of the case - The application of the laws and regulations governing I High Schools (part) and the consultation for the attendance of classes (part).

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles from Sexual Abuse, which are applicable to the crime and Article 7 of the Act on the Protection of Children and Juveniles from Sexual Abuse;

1. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances deemed to be the grounds for sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances considered as the reasons for sentencing);

1. Where a conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment on the registration of personal information of Article 21(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant is a person subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to the competent agency pursuant to Article 43 of

The details of the instant crime exempted from the disclosure order and notification order, the age of the accused, sex, environment, criminal records, the risk of recidivism, and other effects expected by the disclosure order and notification order, and the disadvantage and anticipated side effects of the accused.