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(영문) 서울서부지방법원 2019.08.29 2019고합145
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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

1. On October 5, 2018, at around 17:30 on October 5, 2018, the Defendant committed an indecent act against the victim D (one’s name, one’s age, and one’s age) who was mixed in his/her habits room in order to conduct an interim examination and demonstration in the “C” operated by the Defendant in Jongno-gu Seoul, Jongno-gu, Seoul, by saying, “The Defendant did not have any time to undergo the examination, and why is why is the private teaching institute?” and on the one hand, the Defendant committed an indecent act against the victim, who is a child or juvenile.”

2. At around 15:00 on October 6, 2018, the Defendant committed an indecent act against the victim, who is a child or juvenile, by placing his/her hand on the shoulder of the victim who asked questions that he/she may know at the above teaching school, and putting his/her left face on the front side of the victim’s right side of the right side of the victim, and by making the victim contact his/her his/her his/her nose and her chin to the right shoulder of the victim who re-examines.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records or video-recording video CDs in the victim statement;

1. Details of report and consultation; and

1. One copy of the investigation report (a statement concerning the details of the criminal complaint filed by the complainant), one e-mail main body, and one written statement of the complainant;

1. Application of three copies of a report on investigation (on-site photographing) and a photograph of the site of the case to Acts and subordinate statutes;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment with labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravated Punishment of Children and Juveniles from October 6, 2018, which is heavier than the criminal sentence]

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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;

1. Reasons for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Welfare of Persons with Disabilities ( December 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. Legal penalty;

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