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(영문) 수원지방법원 2016.12.22 2016고합616
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

From July 2014, the Defendant is a person who has provided English extracurricular lessons to the victim C (the 14 years of age, women) from around July 2014.

1. On July 2016, the Defendant, on July 18, 2016, committed indecent act by compulsion of a police officer, following the Defendant: (a) around 18:30 on July 2016, allowing the victim to enter the entrance of the victim by side of the private extracurricular entrance operated by himself/herself at Suwon-gu D apartment 533 104, 533-104; (b) on the part of the victim, he/she was seated into the victim’s knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-k

2. Around August 31, 2016, the Defendant committed an indecent act by compulsion on the part of the victim, on August 31, 2016, by compulsion, committed an indecent act by compulsion on the part of the victim, who is facing the house, such as Paragraph (1) on August 18, 2016.

Accordingly, the defendant committed an indecent act against the juvenile victim on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to business registration certificates and reports of private tutors;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which orders to attend lectures or provide community service orders;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the age, occupation, home environment and social ties of the accused under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the details, circumstances, and results of the instant crime, and the prevention of sexual crimes subject to registration which may be achieved due to disclosure or notification orders;

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