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(영문) 서울중앙지방법원 2017.11.09 2017고합848
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is an instructor of a DNA driving school in Gangnam-gu Seoul Metropolitan Government, and the victim E (V, 14 years old) is a student of the above driving school.

On April 5, 2017, the Defendant would give academic counseling to the above victim who was under self-esteem in the fifth floor school building of the above D Driving Institute on April 5, 2017.

In the end, when inducing the victim with the stairs of the fourth floor of the above building, and giving counseling to the victim, the victim's head, etc. with the victim's own hand, rhyth of the body, and rhyth of the body, and the victim's face with both arms, and then the victim's face was tried to be faced with the victim's entrance, but the victim did not have a dancing with the wind to see the victim's face.

Accordingly, the defendant committed indecent acts against the victim who is a child or juvenile by assault.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of E;

1. Each investigation report (list of evidence 8, 11);

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

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. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the fact that the defendant has no criminal history of the same kind, and the crime of this case alone has a criminal tendency against many and unspecified persons to commit the crime of this case;

It is difficult to conclude that the order to register personal information of the defendant and attend a lecture for treatment of sexual assault can be expected to some extent to prevent recidivism.

In addition, in light of various circumstances, such as the defendant's age, family environment, and social relationship, the disclosure notification order is given.

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