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(영문) 대전지방법원 2019.09.19 2019고단1992
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a teacher in charge of social subjects in the Seo-gu, Seo-gu, Seoul High School, and a person obligated to report child abuse to a specialized child protection agency or an investigative agency immediately, if he/she becomes aware of or is suspected of such crime in the course of performing

On May 2018, the Defendant committed sexual abuse, such as sexual harassment, etc., which causes sexual humiliation to the victimized students on 13 occasions in total, including sexual harassment, etc., as indicated in the attached list of crimes, from March 2017 to September 2018, by stating that it is difficult for the victimized students to conduct the assessment of their performance in the above C high-class Class 1 class class, and that “When he/she is waiting to be off and waiting to be out of his/her clothes at the present Dok bar, he/she would be able to do so if he/she would be out of his/her clothes, or it would not conform to equity,” and that the Defendant committed sexual abuse, such as sexual harassment, which causes a sense of sexual humiliation, against the victimized students on 13 occasions in total, as indicated in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning E, F, D, G, H, I, J, K, K, and L;

1. A written statement of M, N,O, P, and Q;

1. The Defendant and the defense counsel asserted that the Defendant’s act to the same effect as the facts stated in the judgment is merely to help students understand, and thus, it does not constitute sexual abuse, such as sexual harassment. As such, “sexual abuse” prohibited under the Child Welfare Act refers to sexual harassment, etc. that causes a sense of sexual humiliation against a child, which may undermine the child’s health and welfare, or impede normal development, and whether it constitutes such act refers to sexual violence or cruel acts, such as sexual harassment, which may undermine the child’s health and welfare or impede normal development.

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