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(영문) 울산지방법원 2017.07.19 2017고합152
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
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 lecturer of D secondary school in Ulsan-gu, Ulsan-gu, and the victim E (V, 13 years old) is a student attending the above middle school.

1. On November 1, 2016, the Defendant committed a crime around November 1, 2016, at around 11:40, the first floor sports room of the above D secondary school, the Defendant committed an indecent act by committing an indecent act by putting the victim’s chest by taking the victim’s satisfe, such as the victim’s satisfeing of the Defendant’s external speculation, and the victim’s satisfe of the victim’s satisfe, by taking the victim’s satisfe onto the external satfe, and by taking the victim’s satisfe into the external satfe

2. 2016. 11. 15. 경 범행 피고인은 2016. 11. 15. 11:30 경 위 제 1 항 기재 장소에서, 피해자 E이 예전에 헤드 락을 걸며 장난을 쳤다는 이유로 피해자의 뒤에서 헤드 락을 걸면서 피해자의 외투 안으로 손을 집어넣어 피해자의 가슴을 4~5 차례 주무르듯 만지고, 계속하여 “ 아 쌤!” 이라고 말하면서 불쾌감을 표시하고 체육 실을 나가려는 피해자를 가로 막은 뒤 손으로 피해자의 겨드랑이 아래 가슴 부위를 만져 추행하였다.

Accordingly, the Defendant committed indecent act against the juvenile victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. The CD of each video recording material CD;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, each of the relevant Articles of the Act on the Protection of Children and Juveniles against Sexual Abuse and the selection of punishment for the crime;

1. Aggravation of concurrent crimes by concurrent crimes as prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the aggravation of concurrent crimes by concurrent crimes committed against a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, etc.) committed on November 15, 2016 with heavier 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. The exemption from disclosure orders and notification orders shall be the punishment of sexual crimes;

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