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(영문) 서울중앙지방법원 2019.09.11 2019고합638
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the president of the “C” private teaching institute for occasional university students in the first floor of the Gangnam-gu Seoul Metropolitan Government building B, and the victim D (one year old, one year old, and 18 years old) is the student of the above private teaching institute.

The defendant had a view to committing an indecent act against the victim who is a child or juvenile by visiting the course of study.

On October 3, 2018, at around 10:30 on October 3, 2018, the Defendant provided the victim with a detailed attitude of interview preparation, and made the victim sit at the end of the front end of the chair, so that there is an empty space between the victim’s body and the victim’s body, and then the victim became aware of the body closely after the victim’s body.

B. On October 5, 2018, the Defendant was above the Defendant around 19:00.

In the same place as this paragraph, the victim's attitude to prepare for the interview is added, and the victim's attitude is added.

In the same manner as the paragraph, the victim's body was pushed back after the victim's body, and she was seated in the above blank space.

C. On October 11, 2018, the Defendant was above the Defendant around 19:30.

at the same place as subsection (a) above, while continuing to conduct the preparation of a driving school plan.

In the same manner as the paragraph, the victim's body was pushed back after the victim's body, and she was seated in the above blank space.

Accordingly, the Defendant committed an indecent act on three occasions against a child or juvenile by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Investigation report (verification at the site of occurrence);

1. Application of two Acts and subordinate statutes to the forest; and

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the aggravated punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (an aggravated punishment of concurrent crimes with punishment provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse on October 11, 2018 with the largest penalty);

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

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

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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