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(영문) 인천지방법원 2017.10.20 2017고합465

아동ㆍ청소년의성보호에관한법률위반(준강제추행)

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 The Defendant was sentenced to a suspended sentence of three years and six months for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse at the Incheon District Court on August 12, 2015, and the suspended sentence becomes final and conclusive on August 20, 2015.

[Criminal facts] The defendant is a person who operates an extra-school room in Yeonsu-gu Incheon Metropolitan City Dtel, and the victim E (the age of 18) is a person who receives an extra-school education from the defendant.

1. On June 10, 2017, the Defendant: (a) around 17:00, in the instant officetel, the victim, who was a child or juvenile, kidds himself/herself; (b) entered the instant officetel and was diving to the said officetel; and (c) entered the said officetel; and (d) her part of the victim’s knife by inserting his/her hand under the half of the victim’s entry.

2. On June 13, 2017 or around 20:00 on June 13, 2017, the Defendant: (a) reported that a victimized person, who is a child or juvenile, has been diving by enjoying it in a ward due to a small wave at the time to rest; and (b) committed a part of the injured person’s body by hand.

3. On July 11, 2017, the Defendant: (a) around 21:00, in the instant officetel, the victim, who was a child or juvenile, was locked due to the instant officetel, in the time to rest; (b) reported that the victim’s damage, who was a child or juvenile, was locked in the instant officetel, was locked by the victim’s hand; and (c) made the victim’s drinking part of the victim’s drinking part by putting his hand in his hand and her clothes that the victim did not seem to have any reaction; and (d) continued to put his hand in his/her clothes.

Accordingly, the Defendant committed an indecent act against the victim, who is a child or juvenile in a state of resistance, because the Defendant was diving for three times.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on prosecutor's statement protocol to E;

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.