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

피고인은 2018. 5. 22. 16:12 경부터 같은 날 16:21 경까지 사이에 서울 서대문구 C, 4 층에 있는 D 학원에서 피고인으로부터 일대일 수업을 듣고 있던 피해자 E( 남, 14세) 의 옆자리에 앉아 피해자의 귓불을 만지고, 손을 피해 자의 허벅지 안쪽에 넣어 피해자의 성기를 만지고, 피해자의 얼굴에 피고인의 얼굴을 가까이 가져 가 뽀뽀를 하려고 하고, 입으로 피해자의 귀를 깨무는 등 아동 청소년인 피해자를 강제로 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Application of Acts and subordinate statutes concerning private teaching institutes, CCTV, 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 concerning the relevant criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract 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 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no record of punishment before committing the instant crime, and the indecent act of the instant crime is not relatively more severe, and the effect of preventing recidivism can be limited to a fine imposed on the defendant, the registration of personal information, and the completion of sexual assault treatment programs only to a certain extent;

In full view of the overall circumstances, such as the defendant's age, family environment, social relationship, etc., the prevention effect of sexual crimes, etc. which can be achieved by the disclosure and notification order compared to the disadvantages and expected side effects that the defendant may sustain, may be relatively less, there are special circumstances in which the defendant may not disclose and notify personal information.

[Determination]

1. The protection of children and juveniles against sexual traffic who are exempted from employment restrictions orders;