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(영문) 대전지방법원 2018.02.21 2017고합467
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, from September 1, 2016 to October 1, 2017, was a person who had worked as a school leader of an OO middle school located in Seo-gu Daejeon, Daejeon, Seo-gu, Daejeon, and the victim E (the age of 13) is a student who attends the above O middle school.

On September 22, 2017, at around 14:50 on September 2, 2017, the Defendant: (a) at the first floor guard room of the above OO middle school; (b) opened the victim as the above guard room; and (c) opened the victim with “Isk to kisk due to kisk, the Defendant would not have any law to

In doing so, “Indecent act was committed by coercion by inducing one another the victim himself/herself once.”

Summary of Evidence

1. Statement by the defendant in court;

1. The recorded CDs and their stenographic records containing the E’s statement;

1. Application of Acts and subordinate statutes to the damaged place photograph;

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 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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

1. In full view of the Defendant’s age, previous offense, risk of recidivism, home environment, and other benefits and preventive effects expected by the instant disclosure order or notification order, as well as the disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified, 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 (b) Article 50(1) proviso to Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Judgment] Grounds for sentencing

1. Scope of applicable sentences under law: Fines of five million won to fifteen million won;

2. Non-application of the sentencing criteria (preliminary selection);

3. The Defendant’s determination of sentence is an indecent act against a female juvenile in spite of the fact that he/she was in a position to protect female students as a school guardian.

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