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(영문) 수원지방법원 2020.05.07 2020고합28
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 is an instructor of a driving school, and the victim B(n, 14 years old) is a student of a driving school operated by the defendant.

On September 9, 2019, between 18:20 to 19:35, the Defendant: (a) brought about about two times the Defendant’s sexual flag part on the part of the victim who was seated on his/her string of class hours in D English classroom at D English classroom at C, which is operated by the Defendant, and brought about about two times on the part of the victim who was seated on his/her string of class hours; (b) continuously explains the problem to the victim; (c) put the Defendant’s left hand back on the chest of the victim; and (d) put the Defendant’s chest back the victim’s chest before the victim’s chest, and then examine the Defendant’s string of the book, and then, examine the Defendant’s string of his/her chest by hand, and check one hand on the victim’s bucks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Each investigation report [The defendant and his defense counsel argued to the effect that "the defendant's sexual organ was dolusent perception that he would come into contact with the part of the victim's arms while driving the arms, but did not avoid it." However, the defendant consistently stated in the investigative agency that "the defendant brought about the part of the victim's arms over two occasions and committed indecent act by means of blusing, and burging" at the time of taking into account the location and situation of the defendant and the victim, it is reasonable to view that the defendant brought about two times the part of his sexual organ on the part of the part of the part of the victim's arms and expressed his intent to do so."

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. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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