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(영문) 대전지방법원 홍성지원 2017.05.18 2016고합27

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a D High School Sports Teachers in Chungcheongnam-nam Budget Group C, and the victim E (V, 16 years old) is a student attending the first year of D High School and has received sports classes from the defendant.

1. From June 201 to July 2015, the Defendant: (a) caused female students, such as the victim E, in the office of the Defendant at D High School Sports Center; (b) led other students to the seat of another student, leading them to the seat of the Defendant, leading them to the seat of another student; (c) led the victim to the seat of the Defendant; and (d) subsequently, committed an indecent act against the victim by force, such as the victim’s hum and jum with his son over several times, and then, the hum and jum of his hum on the hand.

2. On October 7, 2015, at around 10:00 on October 7, 2015, the Defendant: (a) obtained a permit from the Defendant’s office in the D High School Sports Center to the effect that the victim and F would impair the test official book in a classroom during a sports hours; (b) obtained a permit from the victim and F to leave the shoulder of the victim and F; and (c) obtained a permit from the victim and F to leave the back of the victim’s the hands to the Defendant.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Legal statement of witness F;

1. Statement of witness E in the second public trial protocol;

1. Some statements made by the defendant to the prosecution in the protocol of interrogation of the suspect (the purport that the defendant had a physical contact with the victim on October 7, 2015)

1. The offender's place, investigation report (Attachment of a photograph of the scene of the suspect's office), investigation report (Attachment of a mobile phone message sent by the person under investigation);

1. Application of Acts and subordinate statutes to the written accusation by the principal of a school such as D;

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 select the relevant criminal facts;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 [Article 50 (2) of the Criminal Code, which is heavier than that of concurrent crimes.]