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(영문) 광주지방법원 해남지원 2018.02.22 2017고합39

아동복지법위반등

Text

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

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

Reasons

Punishment of the crime

From March 1, 2017 to August 11, 2017, the Defendant: (a) was a person who works as a child care teacher by being in charge of a faculty member of clean spring water (a class organized as a male child of two to four years of age) in E Child Care Center; (b) the victim F (6) and the victim G (3 years of age) written indictment stated that the victim G is “2 years of age”; (c) the victim’s age is indicated in the written indictment; (d) since it is apparent that the victim is three years of age at each date specified in paragraph (2) of the judgment as L, it is to the extent that the victim does not interfere with the Defendant’s right to defense; (b) so, the Defendant corrected the above to the extent that it does not interfere with the Defendant’s right to defense.

Victim H(3) and Victim I(2) are children attending the above child care center.

No person shall have a child engage in obscene acts, or intermediate such acts, or have a child engage in sexual harassment, etc. that cause a sense of sexual shame to a child.

1. From August 1, 2017 to August 8, 2017, the Defendant, who committed the crime against Victim F, was on board a child-care center school bus as an assistant teacher to help children safely return home.

가. 피고인은 2017. 8. 1. 15:20 경 위 E 어린이집에서부터 피해 아동의 집 인근에 있는 J 보건소 앞까지 운행하는 K 25 인 승 이 카운티 통학버스 안에서 피해 아동이 앉아 있는 좌석 옆으로 옮겨 앉아 피해 아동에게 “ 혀로 팔에 그림이나 글씨를 쓰고 이를 맞추는 게임을 하자” 고 제안하여 피해 아동으로 하여금 피고인의 팔에 혀로 그림과 글씨를 쓰게 하고, 피고인도 혀로 피해 아동의 팔을 핥고, 계속해서 피해 아동의 입술에 자신의 입을 맞추는 등 피해 아동을 강제로 추행함과 동시에 성적 학대행위를 하였다.

B. On August 2, 2017, around 15:20 around 15:20, the Defendant forced a victimized child to commit an indecent act at the same place as indicated in paragraph 1(a), and committed sexual abuse at the same time.

(c)

The Defendant around August 3, 2017 around 15:20.