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(영문) 광주지방법원 2016.06.24 2016고합73
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 a person who operated a D driving school, and the victim E (the life of January, 201, the life of January, 200, the age of 14) is the original student of the said driving school.

1. On September 10, 2015, the Defendant committed an indecent act: (a) around 19:45 on September 10, 2015, at the lecture room of the pertinent private teaching institute located in Gwangju Mine-gu F, the Defendant committed an indecent act by force against the victim, who is a child or juvenile, by using sparing the victim who intends to return to his/her house with his/her hand, after completing the English reinforcement teaching for the victim; and (b) doing so.

2. On October 2015, the Defendant committed an indecent act against a police officer on early October 2015, following the completion of the English reinforcement class for the victim at the lecture room of the said private teaching institute on early October 19:45, the Defendant committed an indecent act by force against the victim who is a child or juvenile, according to the victim’s personal suffering who intends to return to his/her house.

3. On October 22, 2015, the Defendant, at around October 22, 2015, provided English reinforcement lessons to the victim in the lecture room of the above private teaching institute on October 19:30, 2015. On the same day, the Defendant: (a) dumping the victim’s bucks that he/she was seated with his/her hand; (b) dumping the victim’s bucks that he/she would return to his/her house in the elevator of the above private teaching institute; (c) around 19:45 on the same day, the Defendant dumpeded the victim by bumping him/herself; and (d) dump the victim’s shoulder with his/her hand; and (c) dumpful

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes governing stenographic records;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act that select the relevant criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravated punishment for concurrent crimes committed on October 22, 2015 with the largest penalty];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. An order for disclosure;

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