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(영문) 대구지방법원 경주지원 2014.05.30 2014고합6

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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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

Defendant

In addition, the applicant for attachment order (hereinafter referred to as the "defendant") is an instructor who instructs high school students in the E Institute (General Team) located in Do at the time of racing.

On August 15, 2013, the Defendant, at around 20:00, should give supplementary lessons to the Victim F (L, 17 years of age) who is the student of the pertinent private teaching institute, and after having the victim enter the Defendant’s studio in the racing-si, the Defendant had the victim enter the studio of the Defendant in the racing-si, and had the victim take the mind of indecent act by compulsion while having

After making the victim “blurst softening,” the Defendant took charge of the victim’s hair and masta, and mathing the victim’s hair and masta,” and took the victim into custody of her her burst with his hand after making the victim her burt with his her burt with his her hand.

In other words, the victim was forced to commit an indecent act against the juvenile by releasing string the strings of strings, which are booming the victim's clothes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F, H, and I;

1. Reports of internal history (the closure of the cell phone screen of the victim’s cell phone immediately after damage) - Each description of a photograph after closure and application of statutes to the images;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the assertion is that the defendant, among supplementary classes, has a elel and the floor of the victim's front and rear elbows and the floor of the victim's elbows 2 to 3 times, and there is no indecent act by compulsion of the victim.

2. Comprehensively taking account of the following circumstances admitted by the evidence as seen earlier, the Defendant was the victim.