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(영문) 수원지방법원 2019.08.22 2018고합538

아동ㆍ청소년의성보호에관한법률위반(위계등추행)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

From around 1995 to August 2017, the Defendant served as the Korean national music and professor at B University from around 1995 to around 2017, and upon the request of the former Korean national music and C (Gain) to take charge of university entrance guidance for the victim D (Gain, 17 years old) who was a father of C, the Defendant was willing to commit an indecent act by taking advantage of the fact that even if the Defendant committed an indecent act against the victim under the pretext of Korean class guidance, the Defendant was able to reject or resist the Defendant’s behavior.

피고인은 2018. 1. 8. 서울 서초구 E건물, 3층에 있는 피고인 운영의 F에서, 피해자에게 복식호흡 방법을 가르쳐준다고 하면서 “배로 숨을 쉬어야 하는데 가슴, 어깨가 움직인다. 안아봐라”고 말을 하여 피고인의 배와 피해자의 배가 닿도록 피해자를 안은 다음, 피해자에게 “숨 쉬는 것을 느껴봐라”라고 말하였다.

그 후 피고인은 피해자의 뒤에 다가가 손바닥으로 피해자의 배를 만진 후 “느껴봐라”라고 말을 하며 피고인의 성기가 피해자의 엉덩이에 닿도록 피해자를 끌어안은 다음, 피해자에게 “이거는 수업공부이고 절대 성추행으로 생각하지 말라”고 말하며 계속하여 끌어안았다.

Until March 8, 2018, the Defendant committed each indecent act against the victim in a deceptive scheme by visiting the education of Korean classical music from the above F, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records of victims;

1. A copy of the victim’s statement (Evidence No. 11) and a copy of the victim’s statement (Evidence No. 77);

1. Letters sent by the victim's mother to the defendant;

1. Application of Acts and subordinate statutes to investigation reports (verification of specific evidentiary materials of the date of damage), investigation reports (Comparison of the date on which the victim states and the date of recording the recording), and investigation reports (Hearing of statements, such as the date of damage inflicted by the victim);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;