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(영문) 광주지방법원 2017.10.27 2017고합358
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 fixed-term teacher of D High School in Gwangju-gu, Gwangju, and the victim E (one-eight years of age) is a student attending the above school.

On 18:30 on 07. 03. 07. 18:30, the Defendant discovered a victim who is going to study together with his/her friendship in the class of the third grade class class of the above school, and found the victim “I am to reduce liverer” to the victim, thereby bringing the victim into the victim’s poor mind, and the Defendant saw the victim as to whether he/she was able to do so.

followed also by telephone, as long as the telephone is slick

In the future, it is necessary to say that it is "I will see the victim's own arms to marry," and to see the victim's own arms, and to keep the victim's forced drinking.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of the relevant criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. A special circumstance in which a defendant may not disclose or notify personal information to the public, if he/she comprehensively takes into account the extent and expected side effects of the defendant's disadvantage due to an order to disclose or notify information, the preventive effect of a sexual crime subject to registration that may be achieved due to such order, the effect of preventing sexual crimes subject to registration, and the effect of protecting the victim from such sexual crime subject to registration, etc., as well as the fact that the defendant has no history of a sexual crime against the defendant;

The reason for sentencing

1. The scope of applicable sentences under law: Imprisonment with labor for a period of one year from February 15 to February 15.

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