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(영문) 대구지방법원 2014.04.25 2013고합615

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 08:50 on November 8, 2013, the Defendant, as Cmiddle School Korean Language Teachers, had been in charge of a 1st grade in the middle school, had the victim D (the age of 14) who was the third grade in the same middle school, had been forced to commit an indecent act. On November 8, 2013, the Defendant, via other students, had the victim in the first grade room of Cmiddle School in Daegu-gu E, Daegu-gu, and had the victim in the first grade room of Cmiddle School around 08:50 on the same day, followed the victim by saying, “I want to report, I want to do so, I want to do so,” while having the victim in two arms, and was drunk with the view of the victim.

Therefore, the victim continued to avoid the defendant, and the victim was aware of the victim by two arms, and the victim was able to talk about the chest, "I am about how much the breast was fested," but the victim was forced to bring the victim again, as the victim rejected.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report internal investigation (Cmiddle school visitors and investigation reports on CCTV in case-site);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The crime of this case committed on the grounds of sentencing under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, where the Defendant committed an indecent act against the victim who was taking advantage of his/her position and was responsible for protecting and guiding the students as a middle school teacher, and the nature and circumstances of the crime are very good, and there is a need to strictly punish the Defendant.

However, the fact that the defendant is the first offender, the victim paid a large amount of money to the victim, and the victim does not want the punishment of the defendant, and the indecent act in the judgment is committed.