아동ㆍ청소년의성보호에관한법률위반(위계등추행)
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.
Punishment of the crime
1. On 2017, the Defendant: (a) was in a position to have the victim (the victim (the 15 years old) who had completed the education of a private teaching institute after completing the education of the Defendant’s instruction at around 21:00 on the date of the Defendant’s own name, and was in a position to have the victim instructed as an adult and a student of a private teaching institute; (b) however, the Defendant is in a position to have the victim instructed; (c) the victim is a middle student and is in a position to actively resist the Defendant’s instructions; (d) the Defendant is willing to commit an indecent act by taking advantage of the fact that the student is a middle and a student of a private teaching institute and is in a position to actively resist the Defendant
The victim stated that the victim Dabucked “hicked the victim,” and rhicked the victim’s clothes with the victim’s hand into the chest, and met the victim’s right chest, and then the victim bucked with the victim’s bucks and contacted the part inside the bucks of the victim by hand.
Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile by force.
2. 2017. 10. 10. 자 범행 피고인은 2017. 10. 10. 21:20 경 제 1 항 기재 장소에서, 피고인의 지시에 따라 학원수업을 마친 후 남아 보충학습을 하던 피해자를 보고, 제 1 항 기재와 같은 우월한 지위를 이용하여 피해자를 추행하기로 마음먹고, 피해자에게 ‘ 이리 와 봐라’ 고 말하고 피해자가 머뭇거리자 다시 ‘ 이리 와 봐라’ 고 말하여 피해자를 자신이 앉아 있던 교탁으로 오도록 한 후, 피해자의 상의 안으로 손을 넣어 손바닥으로 피해자의 배를 만지고, 피해자의 가슴 부분으로 손을 올린 다음 브래지어 안으로 손가락을 넣어 젖꼭지를 눌러 만지고, 손을 내려 피해자의 허벅지 안쪽을 만졌다.
Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Stenographic records (the details stated by the victim);
1. The application of Acts and subordinate statutes to prepare and report a record;
1. Relevant provisions of the Act concerning facts constituting an offense;