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(영문) 광주지방법원 순천지원 2019.01.17 2018고합185
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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 the president of the English Private Teaching Institute, and the victim C (one-seven years of age) is the student of the above private teaching institute.

On April 29, 2018, between 00:0 and 00:50 on April 30, 2018, the Defendant, in order to give supplementary lessons within the first lecture room of the pertinent private teaching institute located in D in opticalyang-si from around 20:0 to April 30, 2018, he/she left the part of the victim and left the part of the victim, and taken the victim's right-hand hand over several times with his/her left hand, and taken the buckbucks into the part of the victim, and fucked the victim's hand over several times, and flap the part of the victim's hand over two times with the victim's right-hand side and part of the ship with his/her left hand.

As a result, the defendant committed an indecent act against a child or juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Application of Acts and subordinate statutes to investigation reports (on-site confirmation and attachment of site photographs);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the relevant criminal facts;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Comprehensively taking account of the following: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse: (b) the Defendant did not have any history of punishment for sex crimes; (c) the Defendant’s crime was not against unspecified persons; and (d) the Defendant’s order to register personal information against the Defendant and attend school for the treatment of sexual assault appears to have an effect of preventing re-offending; (d) the circumstances leading up to the instant crime; (e) the circumstances after the crime; (e) the profits and preventive effect expected by the disclosure order

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