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(영문) 대구지방법원 김천지원 2017.07.11 2017고합32
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

The punishment of the accused shall be determined by two years of imprisonment.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The Defendant is the president of the “D” private teaching institute in the Gu and the victim E (the 13-year old age) is a student who was not the above private teaching institute from August 2016.

On September 2016, the Defendant attempted to engage in physical contacts, such as taking a hand or pottering, etc. in counseling with the victim from around September 2016, the Defendant committed an indecent act against the victim.

1. On October 16, 2016, at around 20:30 on October 16, 2016, the Defendant, while consulting with the victim at the closure room of the pertinent private teaching institute, caused the victim to sit down with his/her bucks attached to the Defendant by hand, and caused the victim to go to his/her bucks, with his/her bucks, and caused the victim to go to his/her bucks, with his/her hand put his/her breast part into his/her bucks, and committed an indecent act by force against the juvenile victim by force.

2. On October 30, 2016, at around 21:00, the Defendant: (a) kiskedly kisced the victim while counseling the victim; (b) kiscedly kisced the victim; (c) kisced the victim into the kisc; (d) kiscing the victim; and (e) refused the victim’s ckicing of the ckid.

The term “indecent act by force” means “indecent act by force against a juvenile victim.”

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Each police statement made in relation to F, E, and G;

1. Investigation reports (referring to the investigation of the other party of the H in the first year of a victim, the analysis of counseling work, and the application of the Acts and subordinate statutes governing the place of consultation);

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [aggravated Punishment for Concurrent Crimes as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse on October 30, 2016 with heavy penalty];

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. Social service order under the Criminal Act;

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