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(영문) 제주지방법원 2014.05.01 2014고단279

미성년자의제강제추행

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

The defendant was an assistant principal of the D Elementary School in Jeju City.

1. The Defendant committed the crime against the victim E around the first floor of the above elementary school building on November 2013, 2013, around 12:10, in the vicinity of the first floor of the above elementary school building, and in the case of the victim E (the age of 11) who reported a new outbreak about to cause a heart, the Defendant was able to see the victim’s her hys and her hys, and committed an indecent act against the victim under the age of 13.

2. The Defendant committed the crime against the victim F, on November 14, 2013, committed an indecent act against the victim F, on the part of the stairs of the pertinent elementary school playground from November 14, 2013 to the following day, where the victim F (the age of 11) who was seated therein was in the middle of the field of a nearby flowers, committed a indecent act against the victim under the age of 13 on the part of the victim, who was Dad the victim and the victim’s second hand on his second hand.

3. On November 21, 2013, the Defendant committed the crime against the victim G, at the above elementary school health room around 12:40, and completed cleaning, and discovered the victim G (at the age of 11) who was a cleaning agent before the kitchen, and subsequently, the Defendant committed an indecent act against the victim under the age of 13, by inserting the victim’s hurf in a way that the victim’s hurf had a hurf in a way that the hurf had a hurf between them.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Application of each stenographic record, each photographic statute;

1. Relevant Articles and 305 of the Criminal Act and the choice of punishment for the crime: Selection of a fine;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Order to complete a program: (a) considering the reasons for sentencing under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the sentence shall be imposed as ordered by the order, taking into account the following circumstances; (b) all of the favorable circumstances recognize and reflects the crime; (c) the method and degree of indecent act cannot be deemed to be significant; and (d) agreement was reached between the guardian and the victim.