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(영문) 광주지방법원 순천지원 2016.09.01 2016고합120

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is Cmiddle School Sports Teachers, the victim D (name, leisure, 15 years old) and 41 female students in C Middle School.

The defendant, as a sports teacher, was willing to commit an indecent act against the victims by using a superior position that has the authority to manage and supervise the said victims.

At around 11:55 on May 17, 2016, the Defendant, within Cmiddle School Sports Center located in Cmiddle School E on May 17, 2016, by compulsiond the victims, as shown in the attached list of crimes, from around 10:20 on May 25, 2016 to May 13:30, as shown in the attached list of crimes, he/she took a seat on the left side of Cmiddle School D (Ga name, n, 15 years old).

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement on D (tentative name), F, G, H (Ga), I, J, K (Ga), L, M, M, N,O, P, Q, Q, T, U,V, W (Ga name), X (Ga name), Y, AAB (Ga name), AB (Ga name), AC (Ga name), AC (Ga name), AD, AE, AF, AH, AH, AI, AJ, AJ, AK, and AL;

1. AM,N, AO, AP, Q, AR, AS, and AT;

1. Detailed descriptions of AM, AP, Q and AT;

1. Investigation report (related to telephone conversations of the injured party who refuses to make a statement);

1. Application of Acts and subordinate statutes to investigation reports (related to hearing statements made by victims without making statements);

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. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with the punishment prescribed in Article 36 of the Act on the Protection of Children and Juveniles against Sexual Abuse, entered in the annual list of crimes with the largest penalty), among concurrent crimes;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

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, which are probation, community service order and order to attend lectures;