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(영문) 울산지방법원 2018.02.21 2017고합310

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

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

On January 16, 2016, the Defendant was sentenced to a fine of KRW 10 million by the Ulsan District Court for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse. On January 24, 2016, the Defendant is a person subject to registration of personal information that became final and conclusive on January 24, 2016. The Defendant is a lecturer of a private teaching institute that teaches scientific classes, and the victim E (V, 13 years old) is a student of the “D Private Teaching Institutes.”

1. Violation of the Act on the Protection of Children against Sexual Abuse;

A. On April 22, 2017, at around 10:00, the Defendant committed an indecent act by force against the victim by force against the victim’s bucks located in the victim’s bucks where the victim was seated next to the victim and the victim was informed of the problem pool.

B. On April 25, 2017, around 17:30, the Defendant committed an indecent act by force against the victim’s bucks located in the victim’s bucks located adjacent to the instant “D driving school” class while giving up the learning log and giving up the explanation.

2. Where a person subject to registration in new information in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Observance of confidentiality, etc.) has changed the basic personal information, he/she shall submit the reason and details of the change to the head of a police office having jurisdiction over his/her domicile

Nevertheless, the defendant from January 3, 2017 to the same year.

4. Until December 26, 200, the Plaintiff did not submit the changed personal information without justifiable grounds until the expiration of the above time limit, while personal information on the location of occupation, workplace, etc. was changed as an instructor by performing scientific classes against elementary and middle school students.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. Each report on investigation;

1. Previous conviction: Determination on the assertion of the defendant and his defense counsel in a reply to inquiry, such as criminal history (A), investigation report (report attached to the judgment);

1. The summary of the assertion (related to the crime of Paragraph 1 of the judgment below) is the defendant.