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(영문) 인천지방법원 2020.02.07 2019고합828
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

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

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 a school teacher who is enrolled in the Chigh School located in Seo-gu Incheon and worked as a school teacher for the Edridton East Asia, and the victim D (the age of 16 at that time) is a student of the above school.

On April 23, 2019, around 13:20, the Defendant discovered a victim who had been going to practice another teacher’s diveston in front of the second floor of the building “E” at the above school, and then went to the victim, and the victim was forced to get dives in order to get dives around the stairs. The Defendant left the stairs with the victim who was able to get dives around the stairs.

The Defendant, in the corridor near the stairs of the 1st floor above the above building, called “nick toilet ...................., after entering the toilet because he driven the victim into the toilet, brought the victim’s lusium into two arms after the victim., the Defendant saw the victim’s lusium to lussium, and made the victim look at the lusium of the victim, and made the victim look at the victim’s lusium, and made the victim fit for the victim’s lusium by force.

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

Summary of Evidence

1. Results of the reproduction and viewing of video CDs;

1. Stenographic records;

1. The statement of each police officer made to F and G;

1. Field photographs of Chigh schools;

1. Application of the Kakao Stockholm content sent by the victim to the school ship line, and the statutes governing the Kakao Stockholm conversation content;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the choice of imprisonment with labor for the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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. An order of disclosure and notification;

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