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(영문) 서울북부지방법원 2018.08.10 2017고합545

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

From March 1, 2002, the Defendant worked as a chemical teacher of B high school located in Seoul Special Metropolitan City, Nowon-gu from March 1, 2002, and the victim C (the name, age, etc.) was a student of the above school.

The Defendant, on March 2017, 2017, committed an indecent act by force against a victim, who was a child or juvenile, in his/her own direction, on the ground that the victimized person is going to school hours in the above school class, from that time, from that time, on the ground that he/she was sexually ill.

7. Until December 21, 200, the victim, who was a child or juvenile, was forced to commit an indecent act by committing an indecent act by force, as described in paragraph 1 of the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against the victim C;

1. Report on internal investigation (Attachment, etc. of the results of inspection of transfer of a sexual indecent act case in B), application of Acts and subordinate statutes as a result of transfer;

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

1. Aggravation of concurrent crimes prescribed in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment of concurrent crimes prescribed for the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, committed on April 2017 with the largest penalty);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. Personal information is personal in light of the Defendant’s age and social ties, records, details and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc.