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(영문) 광주지방법원 해남지원 2017.02.08 2016고합49
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On September 23, 2016, when the Defendant was in office as a contracting English instructor at C High School, the Defendant was forced to commit an indecent act against the victim who is a child or juvenile by putting the victim under the back of the victim D (n, 17 years of age) at the two-year class around 13:30 on September 23, 2016, when he/she was in office as a contracting English instructor, to 4-5 shoulder the right side of the victim. After the completion of the class, the Defendant committed an indecent act by force against the victim, who is a child or juvenile.

2. The defendant;

A. On September 12, 2016, around C High School 3, 2016, for the victim E (at the age of 17) who takes personnel of the Defendant in the C High School E (at the age of 17), the victim selly selfs the neck of the victim, selfs the victim’s right side with his hand, and shoulders the victim’s left side side with his/her hand;

B. From around September 20, 2016

9. During the period of around 21.21. C High School’s second-year class class 1st century, the victim’s son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The personal information of a defendant may not be disclosed or notified in full view of various circumstances, such as the benefits and preventive effects expected by an order of disclosure or notification, and disadvantages and side effects resulting therefrom, of Article 49(1) proviso and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of the defendant’s age, criminal history, social relationship, etc., the benefits and preventive effects expected by such order and notification order, etc.).

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