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(영문) 서울동부지방법원 2018.11.01 2018고합188
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

Defendant shall be punished by a fine of KRW 30,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a school instructor working at C private teaching institutes located on the second floor of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and the victim D (hereinafter “victim” or “D”) is a student who listens to the Defendant’s study course at the above private teaching institutes.

On February 9, 2018, at around 19:00, the Defendant committed an indecent act against the victim by putting the victim's right shoulder by hand while sitting down inside the lecture room 3 of the pertinent C Research Institute, leading to the victim's study problems. On February 9, 2018, the Defendant was able to use the victim's chest in the right chest part of the chest part of the center of the victim.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant (to the effect that he/she was sitting on the right side of the victim at the date, time, and place stated in the ruling);

1. Legal statement of witness E (excluding parts of damage inflicted before D);

1. The statement made by the victim in D in video recording CDs;

1. Statement made by the police with regard to E (excluding parts of damage suffered by previous damage from D);

1. In the application of Acts and subordinate statutes on investigation reports (on-site inspection of damage and hearing of the relative statement of the president of a driving school), and duties attached thereto;

1. Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the selection of fines concerning the crime;

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

1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 56(1) main text of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) (in addition to the various circumstances as seen below’s grounds for sentencing, profits and preventive effects that can be achieved by issuing an employment restriction order to the Defendant.

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