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(영문) 대전지방법원 천안지원 2017.06.28 2017고합46
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The sentence of sentence against the defendant shall be suspended.

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

Reasons

Punishment of the crime

The Defendant is a person who was in office as a Korean private teacher at a E high school located in Seo-gu, Seoan-gu, Seoan-gu, Incheon. From March 2, 2016 to March 2, 2016, the Defendant was responsible for protecting and taking responsibility for the overall life of the Victim F (16 years) who was a counter-party to the above high school.

1. 2016. 5. 중순 범행 피고인은 2016. 5. 중순 13:30 ~14 :35 경 피고인이 담임교사를 맡고 있던 위 고등학교 1 학년 4 반 교실에서 한국사 수업을 하다가, 피해자와 학생들이 크게 웃자, 손가락으로 피해자를 가리키며 “ 크게 웃은 사람은 앞으로 나와. ”라고 말하여, 이에 교단 앞으로 나온 피해자의 양쪽 뺨을 손바닥으로 각 1회 씩 때리고, 주먹으로 피해자의 명치를 때리는 척하다가 손으로 피해자의 성기와 고환을 움켜잡고, 다시 손바닥으로 피해자의 성기를 툭 쳤다.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

2. On July 2016, the Defendant, who committed the first round of July 2016, around 13:30, around the first round of July 2016, on the ground that, at the class of the first half of the first half of the year and the second half of the year, the victim, who was going to an Ampha and was late at the time of the Defendant’s Korean history class on the wind coming to an Ampha, the Defendant should have resolved at the latest.

”라고 말하면서 피해자의 성기를 손으로 툭 쳤다.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Certificate of employment or certificate of school attendance;

1. Application of Acts and subordinate statutes governing recording 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 (the occupation of forced indecent acts against children and juveniles and the choice of fines) concerning the crime;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravated Punishment of Concurrent Crimes) of the Criminal Act (Aggravated Punishment of Concurrent Crimes as stated in Article 38 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse).

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