logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.01.13 2016고합353
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

Reasons

Criminal facts

From March 1, 2013 when the victims were middle school teachers in Busan Northern-gu D, the Defendant has been in charge of the subjects of “career counseling” and “career and occupation” in the schools from March 1, 2013 when the victims were middle school teachers.

On April 24, 2013, the Defendant committed an indecent act by force against three victims, who are children and juveniles, on a total of six occasions, from the time on November 24, 2015, by using the shoulder of the victim E (13 Does, nife, nife) which had been engaged in career counseling in the above school career room. On the victim’s hand floor, he/she was able to capture the victim’s hand by means of spreading the victim’s hand on his/her hand, and forced the victim to commit an indecent act on his/her hand.

Summary of Evidence

1. Each legal statement of witness E and F;

1. A transcript of the statements and the statements recorded in G in video recording CDs related to G;

1. A detailed statement of each case;

1. A survey on sexual assault against each student at school (the defendant did not commit an indecent act against the victims, and even if there was a physical contact with the victims;

Even if the defendant did not have the intention to commit an indecent act,

The argument is asserted.

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the fact that the victims were forced to commit an indecent act can be fully acknowledged as stated in the judgment of the Defendant.

① The statements of the victims are consistent from investigative agencies to this court, and the descriptions of the situation at the time are very specific and clear, and there is no contradiction between the statements of the victims.

② Although the formation of the instant case began in conflict between the Defendant and H and I students (in the case of violence and discrimination, the victim’s statement details and process are natural (in the case of a crime against the victim F, the crime was revealed in the course of the initiation of the complete examination for confirmation of additional damage) and the relationship between the Defendant and the victims.

arrow