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(영문) 부산지방법원 동부지원 2019.01.09 2018고단1813
미성년자의제강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a school instructor of the “C Private Teaching Institutes” located in the second floor of the building B in Busan-gu, Busan-do, and the victim D (one year old, one year old) is a student who listens to the lessons from the Defendant.

1. On January 9, 2018, the Defendant: (a) around 18:20 on January 18, 2018, when the victim completed the class and intends to take the class, the Defendant was only in charge of the victim’s shoulder with the victim’s multiple descendants.

Accordingly, the defendant committed indecent act against the victim under 13 years of age.

2. On January 30, 2018, the Defendant: (a) around 18:00, at the education class of the pertinent private teaching institute on the part of the victim; (b) on the left side of the victim’s book when the victim was seated and was in the school; (c) on the part of the victim, he/she tried to do so; and (d) put another hand in one hand between the victim’s her son and his/her her her son, thereby making the Defendant’s son contact with his/her her son.

Accordingly, the defendant committed indecent act against the victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to stenographic records, investigation reports (on-site verification, such as the meeting of the president of a private teaching institute), field photographs, investigation reports (reports on psychological assessment of victimized children), and investigation reports (Attachment to photographs of counseling day within the victim);

1. Relevant Articles 305 and 298 of the Criminal Act and the choice of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 56 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The age of the victim, the circumstances favorable to the degree of damage: The serious reflectivity, the initial crime, and the agreement (the defendant agreed with the mother of the victim, and the attorney-at-law submitted the agreement) and other circumstances that are disadvantageous to the defendant's age, environment, character and conduct, and indecent act.

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