아동ㆍ청소년의성보호에관한법률위반(강제추행)
Defendant shall be punished by a fine of KRW 7,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Punishment of the crime
The defendant is a student who was a student of a private teaching institute B, and the victim C (15) who was a juvenile is a student who heard his/her lessons from the defendant.
On May 12, 2017, around 20:52, the Defendant, within the lecture room of the Seo-gu Incheon Special Metropolitan City D Building E-B, was able to commit an indecent act against the Defendant while sitting in the victim’s side and taking classes in the Korean language.
“The victim tried to extinguish the lecture room following the victim’s end, put his hand on both shoulders of the victim, and pushed the face, but the victim failed to bring the body back to the wind, and failed to do so.
As a result, the defendant tried to forcibly commit an indecent act against a child or juvenile victim, but did not commit such an attempted act.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of the witness C;
1. Application of this Act and subordinate statutes by cutting down text messages;
1. Relevant Article 7 (6) and (3) of the Act on the Protection of Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning facts constituting the crime;
1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;
1. A special circumstance in which the accused may not disclose or notify personal information to the public, in full view of the possibility of recidivism by the accused, the degree and expected side effects of the disadvantage the accused is placed due to the accused’s order of disclosure or notification, the preventive effect of the sexual crime subject to registration that may be achieved due to such order, and the effect of protecting the victims from the sexual crime subject to registration, etc., of the Act on the Protection of Children and Juveniles against Sexual Abuse;
[Determination]
1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), and Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.