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(영문) 서울서부지방법원 2015.01.21 2014고단1848
미성년자간음등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On February 25, 2014, between 18:00 and 19:30, the Defendant committed an indecent act against a minor: (a) at another music school operated by the Defendant under the atmosphere of Mapo-gu Seoul, the Defendant placed the victim on the part of the victim G (at the age of 18) who is a teaching student in a small sping field; (b) placed the victim on the part of the minor at the small spons; (c) placed the victim’s chest and sound on his hand; (d) kid the victim’s chest and spons the victim’s chest; and (e) cut off the victim’s breast with an indication that the victim would refuse to refuse to do so; and (e) placed the victim’s spons and panty spons by force on the bridge; and (e) placed the victim’s sexual organ on the part of the Defendant’s body on the bridge.

Accordingly, the defendant committed an indecent act by force against the minor victim.

2. A person who intends to establish and operate a private teaching institute and a teaching school violating the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons shall state his/her personal information, name and location of the teaching school, teaching subjects, tuition fees, etc. to the superintendent of education in a report on the establishment and operation of the teaching school,

Nevertheless, the Defendant, without filing the aforementioned report from early 2012 to July 2014, provided lessons twice a week to students (average five persons per month including the above G) who prepare for the entrance of universities and art high schools at the above teaching school from early 2012 to early 2014, and received tuition fees of KRW 500,000 per student.

Accordingly, the Defendant established and operated a unreported teaching school.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning G;

1. A criminal investigation report (a confirmation of a failure to report a teaching school) (a defendant and defense counsel's assertion) asserts that the defendant and defense counsel have no use of force;

The crime of indecent act by force is committed against minors.

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