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(영문) 울산지방법원 2017.04.20 2016고단3926

아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant was a teacher in the social department due to class 2 of class D, class 1, class 2 of class D, and the victim E (V, age 15) was a half of the Defendant’s position.

On April 2016, 2016, the Defendant reported that the injured party did not do so at the night-time self-learning hours in DJ 1 and 2-year class located in Ulsan-gu, Ulsan-gu, Ulsan-do, and that the injured party does not do so, and that the other students are able to observe, while the other students are able to do so, the Defendant should have the official record before the victim.

Then, by examining the policies : (a) whether or not the size of Round is equal to the size of lap’s study;

Whether the avoidance rate exceeds 90% or not;

By making inquiries such as “,” the victim made sexual harassment by giving sexual humiliation to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Statement made by the police for E;

1. The counseling day (the statement in its holding is that a male school, who takes female students as a member of the school, designated a victimized child at an open space reported by another student at night, and the above statement is related to sexual intercourse. The above statement is about the method of avoiding sexual intercourse, and it is not entirely related to the social subject in charge of the defendant, nor is it made during the teaching course of specific subjects, and its objective is not particularly important for learning, and it is not related to the educational purpose, such as inducing the learning of the victimized child, and it seems that the defendant made an inappropriate sexual statement against female students in the course of study and guidance, such as the circumstance leading up to the above act, the relation between the defendant and the victimized child, specific behavior and the above speech may have an adverse influence on the development of the character and spirit of the victimized child, and the act in its holding may affect the sexual clothes under Article 17 subparagraph 2 of the Child Uniforms Act.