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(영문) 대전지방법원 서산지원 2021.01.27 2020고합45
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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 was a first-year teacher at an elementary school around 2017 of the victim B (the family name, the female, the age of 15).

At around 18:00 on May 14, 2020, the Defendant completed Internet lessons at the home in the Defendant’s residence of Jinjin-si C Building D, and went back to the Defendant for the purpose of fraud, and thereafter, the Defendant saw the victim’s view and threshold as his hand by her hand by sucking down the victim’s body of the victim who refuses to use the body inside a canter, and bucks and bucks of the victim who refuses to use the body of the body of the victim in his/her canter, and bucks down the victim’s chest with the victim’s clothes, she gets the victim’s left chest by leaving the victim’s clothes, and she gets the victim’s right chest by leaving the victim’s clothes.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of B (tentative name), E, and F;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by each prosecutor with respect to B (tentative name);

1. A protocol concerning the examination of partially the police officers of the accused;

1. Each police statement protocol for B (tentative name) and E;

1. A protocol of seizure and a list of seizure;

1. Response to a request for appraisal;

1. The message between the complainant and the criminal suspect, the complainant and the health teacher, the complainant and the E, the record of a telephone recording file, the telephone recording, and the message of a person accused, including a telephonetoxo;

1. Each investigation report (including accompanying materials, and the list Nos. 6, 12, 30 of evidence) shall apply to the legislation;

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 prison labor for the crime;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is provided for in Article 62 (1) of the Criminal Act ( considered favorable circumstances among the grounds for sentencing as follows)

1. The former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 2020) exempted from disclosure orders and notification orders.

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