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(영문) 대전지방법원 2013.05.02 2013고합31
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant, as a middle school teacher from March 2007 to March 2010, as a middle school teacher, directed the juvenile victim D (the age of 15) who was a land father while working as a land supervisor of the C Middle School from March 2007 to March 201, and had a record of counseling with the victim even after being transferred to another school.

On March 30, 2012, the Defendant: (a) called the Defendant’s phone called to the Defendant, saying that “the Defendant was a defect in only franchises,” and provided the Defendant with meals to the Defendant’s G middle schools located in Dong-gu, Yan-gu, Yannam-gu, Yannam-gu, on March 30, 2012; (b) the Defendant’s car was parked in the Defendant’s car near the I restaurant located in Seo-gu, Yan-gu, Yan-gu; and (c) the Defendant’s car was parked in the Defendant’s car near the I restaurant located in Yan-gu,

At around 19:00 on March 30, 2012, the Defendant came to be cut to the victim while talking on the victim’s career problems, etc. at the above Defendant’s car, and came to be a victim by drinking the victim’s mind to have sexual intercourse by using his personal information in his place, and the victim said that “to be a son,” and the victim did not answer the victim, who was the victim’s body and body, divided into the victim’s body and body into the body of the body of the body of the victim, and tried to have sexual intercourse with the victim exceeded the victim’s body, but the victim attempted to have sexual intercourse with the victim’s body by driving on the bridge and resisting the victim’s body.

The Defendant, by force, attempted to have sexual intercourse with a juvenile who was a juvenile, but did so.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and J;

1. Application of investigation reports (counseling records, etc.), investigation reports (fields), and statutes;

1. Article 7 (6), (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant criminal facts;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Order for the protection of children or juveniles against sexual traffic;

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