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(영문) 의정부지방법원 2017.07.19 2016고합586
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, Police Officers on August 2016.

Reasons

Punishment of the crime

The defendant was a former teacher of C High School, and was a teacher of victims.

1. From June 2016 to July 2016, the Defendant committed an indecent act by force against the victim by inserting a knife, inserting a knife by inserting a knife knife with a knife knife with a knife knife with an additional knife knife with a knife knife.

2. On July 2016, the Defendant forced the victim to commit an indecent act by: (a) following the victim G (a) in front of the victim G (a) 3th and 11th half class of high school 3th and 11th class; (b) drawing the victim’s chain frame in arms; and (c) making the victim’s “not a brush of width”; and (d) forcing the victim to commit an indecent act.”

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of each prosecutor's office and police officers against the accused;

1. Application of Acts and subordinate statutes of each police statement protocol to G and E;

1. Article 7 (3) of the Act on the Protection of Juveniles from Sexual Abuse, and Article 298 of the Criminal Act, which provides for the relevant legal provisions and the choice of punishment for each of the crimes;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes prescribed for a crime of violation of the Act on the Protection of Juveniles against Sexual Abuse against heavy G);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. Article 59 (1) of the Criminal Act (Punishment to suspend a sentence: Fines of 5,00,000, and detention in a workhouse: 100,000 won per day);

1. The proviso of Article 21(2) of the Act on the Protection of Juveniles against Sexual Abuse against Children exempted from order to complete a program (the Defendant has no record of punishment for the same kind of crime, each of the crimes in this case committed at a public place, and the degree of indecent act is minor and thus the risk of recidivism is low, and the purpose and prevention of order to complete a program is expected to be effective.

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