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(영문) 창원지방법원 2017.11.30 2017고합196
아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

From April 10, 2016 to May 14, 2017, the Defendant is a person who works with the reduction of a dormitory in E high school located in D of Changwon-si from April 10 to May 14, 2017.

1. On May 2016, the Defendant committed an indecent act against the Act on the Protection of Children and Juveniles against Sexual Abuse (a deceptive scheme, etc.) committed an indecent act against the victim F (or 16 years of age) who is a child or juvenile with interest on the above school student under the supervision of the Defendant at a high school E high schoolhouse, and committed an indecent act against the victim.

피고인은 소파에 앉아 있던 피해자의 등 뒤로 다가간 다음 의사에 반하여 양손으로 피해자의 어깨를 꾹꾹 눌러 피해자를 추행하였다.

From that time to May 2017, the Defendant committed an indecent act against the victims of children and juveniles at least 23 times, such as the first list of crimes committed during the period in attached Table 1.

Accordingly, the Defendant committed indecent acts against victims of children and juveniles by force.

2. No person shall engage in sexual abuse, such as sexual harassment, which causes a sense of sexual shame to a child, against a violation of the Child Uniforms Act (a habitually compelling, mediating, sexual harassment, etc. against the child);

around July 2016, the Defendant: (a) at a high school E high school E high school E office, there is a victim G (n, 16 years of age) who is a child and his/her friendship; and (b) the Defendant “pine” for the victim.

There are many visitors.

Now, colorers shall be influent.

“.....”

In addition, the Defendant had habitually omitted the expression of “Habitually” in the facts charged of this case, but the name of the indictment is “violation of the Child Uniforms Act (sexual harassment, etc. against habitual children)” and Article 72 of the applicable Act also states that the omission of the above expression is deemed to be a clerical error, and ex officio addition of the above expression is also a special disadvantage to the Defendant’s exercise of his right of defense.

It is difficult to see the above expression ex officio, and it is 13 times in total from that time to May 9, 2017.

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