beta
(영문) 의정부지방법원 2019.06.28 2018고합409

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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

The defendant is a current or former instructor of a school in Jung-gu Seoul Central Government.

1. Around 20:00 on September 201, 2017, the Defendant: (a) reported that the victim C (the victim, her name, her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her)

2. At around 20:00 on December 2, 2017, the Defendant, at the entrance of the lecture room of the pertinent educational institute, told the victim that the said victim's chest was still unfolded about the delivery of the breast before the said lecture room, and committed an indecent act by force against the victim, who was a child or juvenile.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Report on occurrence (Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse), investigation report, each internal investigation report (the relative investigation of the victim), internal investigation report (the victim's telephone conversations), stenographic records (the victim), video CD-victims, and the application of Acts and subordinate statutes to the victim;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act that stipulate the relevant Articles of the Act and the choice of punishment for the crimes;

1. Of concurrent crimes, the aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes committed on or around September 2017, which is heavier than the criminal circumstances)

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) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Matters concerning the protection of children and juveniles against sexual traffic exempted from disclosure orders and notification orders;