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(영문) 인천지방법원 부천지원 2014.10.06 2014고합113
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

The defendant was a school instructor of the EM in Kimpo-si, 804, and the victim F(n, 17 years old) was a student who heard lectures from the victim.

1. On April 15, 2014, the Defendant committed the crime: (a) around 15:00, on April 15, 2014, around 15:00, at around 15:0, the Defendant intended to keep the victim’s book while leaving the school and going back; (b) held the victim’s bridge on the Defendant’s bridge; and (c) held the victim’s chest on the Defendant’s bridge, and forced the victim to commit an indecent act.

2. On May 12, 2014, around 15:00 on May 12, 2014, the Defendant committed an indecent act by force against the victim, who is a child or juvenile, by having the victim meet the victim’s bucks and drinking bucks, leading the victim to his/her sexual organ by attracting the victim’s hand.

3. Around May 13, 2014, the Defendant, around 16:00, committed an indecent act by force against a victim who is a child or juvenile, in the same manner as the indicated in paragraph (2) above, around 16:00 on May 13, 2014.

4. On May 15, 2014, around 15:30 on May 15, 2014, the Defendant forced the victim who is a child or youth to commit an indecent act in the same manner as the indicated in paragraph (2) above, around May 15, 2014.

5. On May 15, 2014, the Defendant committed the crime around 19:30 on May 15, 2014, committed an indecent act by force against the victim, who is a child or juvenile, by inserting the victim to the vehicle of the Defendant, set up in the three-story parking lots of the above D building on May 15, 2014.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Article 7 (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. Paragraph 5 of Article 37 of the Criminal Act among concurrent crimes, Article 38(1)2 of the Criminal Act and Article 50 of the Criminal Act are the largest.

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