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(영문) 수원지방법원 2017.06.15 2016고합740
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

A defendant shall be punished by imprisonment for one year.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant was appointed as a teacher on March 1, 2007, and worked as a teacher at D High School located in Suwon from March 1, 2015 to August 2015, and the victim E (the family name, the age of 18) was a student who was enrolled in the third grade of the above school, and the Defendant was a student who was enrolled in the second grade of the victim.

The Defendant, as a teacher of a school in which the victimized person is attending, was able to commit an indecent act against the victimized person by taking advantage of the fact that it is difficult to refuse or resist the Defendant’s act because the victimized person was not only the flag’s life but also the situation where the injured person consulted at that

On August 20, 2016, at the second grade guard room located in the above D High School on the second grade room located in the 2nd grade, the defendant gets a victim who has been consulted at the time of entering a university to sit on the side of the defendant's person and then consulted the defendant, the defendant gets the victim's son and buck, write the victim's hand on the bucks, write the victim's hand on the bucks, and rhum the victim's face on the bucks.

The body of the defendant was fasted by the defendant in the victim's shoulder by putting the defendant over the shoulder of the victim who has been seated in the back of the victim without being able to do so continuously, and it was rhyd with both hands to the shoulder of the victim or the head of the victim's hair.

Accordingly, the defendant, as a teacher, committed an indecent act by force against the victim who was protected and supervised by the defendant.

Summary of Evidence

1. Legal statement of E;

1. Each police statement made to E (tentative name);

1. The statement of a victim recorded in video recording CDs;

1. Character messages, etc. (72 pages of investigation records);

1. Each protocol of seizure, photographs of seized articles, etc.;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations with victim-friendly F students);

1. Relevant 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 concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (Article 53 and 55(1)3 (the following favorable circumstances) of the mitigated amount of reduction.

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