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(영문) 수원지방법원 평택지원 2014.11.05 2014고합125
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the president of the E Institute in Ansan-si D, and the victim F (the age of 15) is a middle student who has English language in the above Institute.

On December 27, 2013, at around 18:30 on December 27, 2013, the Defendant reported the victim who was studying the mixed English language language in the counseling room of the pertinent private teaching institute, and used it as “equitable, bad, and bad,” and used it as a hand to see the victim’s face. The Defendant was able to see the victim’s face by putting the front door into the victim’s seat, and kicing the victim’s right and kicing the victim’s right, and kicing the victim into force.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement made by the police officer on the victim's statement;

1. Recording a record of the statement made by the victim in the course of making the G;

1. Recording a record of the H preparation of a stenography (including attachment CD);

1. Each investigation report prepared by the prosecution (including attached documents) (Attachment to the details of the victim's organization Stockholm conversation attached / mobile analysis of the victim's mobile phone) ;

1. Application of Acts and subordinate statutes entered in the report on investigation of victims of sexual assault victims and persons with disabilities prepared by I experts in statement analysis of children and persons with disabilities;

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 relevant criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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), the main sentence of Article 21 (3), and Article 2 subparagraph 2 (a) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 59 of the Act on Probation, etc.

1. The ages, occupations, family environments, social ties, previous convictions, and recidivism of the accused, which are acknowledged in the records under the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from issuing an order to disclose or notifying the registered information;

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