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(영문) 수원지방법원 2016.09.01 2015고합679
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 has served as a middle school education teacher in G from November 1992 to September 24, 2015.

1. The Defendant, around October 2014, while taking a school class in the class of the first and fourth class class of the above school, took part in the school class, and confirmed the results of the middle examination during the second semester, the victim F (the age of 13) was “F having become sexually ill,” on the ground that the results of the examination were the same, and the victim F (the age of 13) was written twice with the victim’s head on his/her own hand, and took part in the victim’s shoulder and put him/her up the shoulder.

Accordingly, the defendant, as a teacher, committed an indecent act by force against the victim who is a student under the protection and supervision of the defendant.

2. Around December 2014, the Defendant continued a school class in the first-class and fourth-class class of the above school, while making it difficult for the victim E (at the age of 13) to solve the problem and left the match, and the victim considered the victim's shoulder as his/her hand, "I am able to see the victim's shoulder," and then put the victim's timber and shoulder in his/her face as close as the victim's face.

Accordingly, the defendant, as a teacher, committed an indecent act by force against the victim who is a student under the protection and supervision of the defendant.

Summary of Evidence

1. Legal statement of witness E;

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

1. Recording notes of the prosecution against F and E;

1. Each police statement to F and E;

1. Fact-finding certificates;

1. Application of Acts and subordinate statutes for report on internal investigation (verification of schedule, etc. for the exercise of H middle schools, 2014 for specifying the facts of crime);

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 concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The disclosure; and

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