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(영문) 수원지방법원 성남지원 2014.01.16 2013고합256
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant was a school lecturer of the “D Teaching Institute” in Gyeonggi-do, and the victim E (M, 14 years old) is a student of the D Teaching Institute.

1. On May 1, 2013, at around 15:00 on May 1, 2013, the Defendant committed an indecent act against the victim E by forcing the victim, who is a child or juvenile, to use the victim’s bucks in hand due to the victim’s school bucks and kneknes.

2. 피고인은 2013. 6. 3. 21:30경 전항 기재 강의실에서 보충수업을 위해 피해자와 단둘이 남게 되자, 피해자의 옆에 붙어 앉아 피해자의 팔과 손을 만지고, 피해자의 어깨에 기대고, 피해자의 머리카락을 손으로 넘기고 피해자의 옆구리로 손을 집어넣어 팔짱을 끼는 방법으로 아동청소년인 피해자 E를 강제로 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes entered in the protocol of statement E prepared by the police;

1. Article 7 (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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

1. The accused is subject to an order for disclosure and notification under the proviso to Article 38 (1) or the proviso to Article 38-2 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from an order for disclosure and notification, pursuant to Articles 38 (1) 1 and 38-2 (1) 1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse;

However, the defendant has no record of criminal punishment prior to the crime of this case, has been working at a private teaching institute and has three children.

Above all, the defendant reflects the crime of this case, and is now again.

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