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(영문) 서울동부지방법원 2018.02.21 2017고합345
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The Defendant was in charge of H high school music teachers in Gangdong-gu Seoul Metropolitan Government, the first-year 10 of the above school in 2016, and the victim I (the victim I, the victim J (the 15 years old), the victim K (the 15 years old), the victim K (the 15 years old), the victim L (the 15 years old), and the victim L (the 15 years old) were students of the above school first year 10 half of the above school, and there was a relationship that is difficult for the Defendant to perform unfair and unlawful words or actions, because it is likely that the Defendant would suffer from disadvantageous evaluation from the Defendant, or from other personal students.

On April 2016, the Defendant: (a) committed an indecent act by committing an indecent act by committing an indecent act on the part of the victim, who was a juvenile at the top of the first-class class 10th class of the H High School, with the victim I and consulted with the victim, who was a juvenile; and (b) the victim, who was deprived of the arms, did so again.

In addition, the Defendant committed an indecent act by force against the total four of the victims who are juveniles by means of the foregoing method, such as the list Nos. 1 through 4, between the above day and November 2016.

Summary of Evidence

1. Each legal statement of witness I, J, K and L;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. The application of Acts and subordinate statutes to the details of counseling to 117 reported, the request for cooperation in investigation, the minutes of meetings of the deliberation committee on sexual harassment at H once in the 2017, each stenographic record, and a location map on the preparation of victims;

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 with punishment prescribed in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with punishment prescribed for the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against the most severe victim];

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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

1. The exemption from disclosure orders and notification orders shall be the protection of children and juveniles against sexual traffic;

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