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(영문) 서울북부지방법원 2019.07.12 2019고합109
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

The Defendant is a school instructor of the “C Driving School” of the 4th floor in Gangnam-gu Seoul, Gangnam-gu, Seoul, and the victim D (V, 16 years old) is a student of the said driving school.

피고인은 2018. 11. 13. 20:52경 위 학원 튜터링 학습실에서, 의자에 앉아서 수학 문제를 풀고 있던 피해자에게 문제 풀이를 해주는 것을 빙자하여 뒤에서 팔로 피해자의 어깨를 감쌌다.

Accordingly, the defendant committed indecent acts by force against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Each investigation report (victim D telephone conversations, on-site investigation, CCTV time, current time frame, and CCTV image verification);

1. Application of the Acts and subordinate statutes governing CCTV images CDs;

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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

1. There is no criminal record of a sexual crime against a defendant, who is exempted from an order of disclosure and notification, under the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and there is no

In addition, considering the Defendant’s age, family environment, background and anticipated side effects of the instant crime, disclosure order or notification order that may result in the Defendant’s disadvantage and anticipated side effects, and the effect of preventing sexual crimes that may result in the said order, the Defendant’s personal information is disclosed in full view of the fact that it is difficult to readily conclude that there is a risk of recommitting a sexual crime, the sentence of a fine to the Defendant, the completion of a sexual assault treatment program, the registration of personal information and welfare facilities for the disabled, children and juveniles-related institutions, etc.

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