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(영문) 대구지방법원 포항지원 2018.12.20 2018고합60
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who takes charge of the victim D(or 13 years of age at the time) as an affiliated lecturer in South-gu B at port.

From February 2016 to March 2, 2016, the Defendant committed an indecent act against the victim, as described in the list of crimes in the attached Form, by using the victim from the above C corridor, after having been able to use his/her equipment from the toilet, and by using him/her, committed an indecent act against the victim.

Accordingly, the Defendant committed an indecent act against a child or youth by force.

Summary of Evidence

1. Legal statement of the witness D;

1. Each statement of D contained in video recording CDs;

1. Application of the Acts and subordinate statutes to the criminal summary, investigation report (the confirmation of the suspect's cell phone number), internal investigation report (the specific relation to the suspect), investigation report (the date and time of the crime), investigation report (the attachment of a photograph of the contents of damage), mobile phone camera, investigation report (the confirmation of the period of study at the victim's educational institute), investigation report (the attachment of the on-site photograph), investigation report (the confirmation of the period of study at the victim's educational institute), on-site photograph, investigation report (the attachment of a confirmation document of counseling at the center in the face of the north-west Sea), counseling confirmation document, investigation report (the attachment of a written opinion by the prosecutor and statement analysis), statement analysis, investigation report (the submission of a written opinion by the prosecutor), investigation report (the analysis of the contents of the

1. Article 7 (5) and (3) of the Act on the Protection of Juveniles against Sexual Abuse, and Article 298 of the Criminal Act, which provides for the relevant legal provisions and the choice of punishment for each of the crimes;

1. Aggravation of concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravated concurrent crimes (an aggravated punishment for concurrent crimes provided for in the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, such as deceptive schemes) stated in No. 5 attached Table No. 37 with the largest penalty);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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

1. Exemption from disclosure orders and notification orders, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the protection of children and juveniles against sexual traffic;

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