(A) the protection of children and juveniles against sexual traffic recognized;

Violation of law (Indecent Act such as Fraudulent Means)

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

For the accused, an employment restriction shall be issued to the child or juvenile-related institutions, etc. and welfare facilities for the disabled for three years.

The Defendant is an instructor who teaches the scientific subject in the C B of Gangseo-gu Seoul Metropolitan Government, and the victim D (one-seven years of age) is a private teaching institute that takes the Defendant’s scientific course. The Defendant was willing to commit an indecent act by taking advantage of the fact that it is difficult for the victim to refuse the indecent act even if the Defendant committed an indecent act on the part of the victim because the Defendant was a middle school student, was living in the same region as the victim, and was aware of the school.

From around 12:00 on July 3, 2019 to 13:00, the Defendant engaged in a scientific supplement operation against the victim at the 3 lecture rooms within the said Dasan Institute, and met with the victim several times as the Defendant took charge of the part of the victim’s neck, winter and Hulith, etc. with his son’s hand, and added his hand to the part of the victim’s shoulder, fluor, fluor, fluor, and fluor, etc., on several occasions, as the Defendant took charge of the part of the victim’s shoulder, fluor, fluor, and fluor.

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

A summary of the steam

1. Defendant's legal statement;

1. Application of statutes to video CDs or stenographic records;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 7(5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Selection of Imprisonment

1. Order to complete programs;

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

1. Exemption from an order for disclosure and notification;

The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the sentence of imprisonment to the defendant, the registration of personal information, the order to complete a program, and the order to restrict employment may also have the effect of preventing re-offending; the defendant's age, occupation, risk of re-offending; the type and motive of the crime in this case; the type of the crime in this case; the process of the crime in this case; the degree of disadvantage and anticipated side effects of the defendant's disadvantage due to the order to disclose or notify; the prevention of sex crimes subject to registration that may be achieved; and the effect of protecting victims

1. Registration of personal information under Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

1. Reasons for sentencing: Imprisonment with prison labor for not less than two years nor more than 30 years;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] The general standard of the crime of indecent act by compulsion (subject to the age of 13 or more) on sexual crimes (type 2) / Special indecent act by indecent act, such as by indecent act by blood or by living in person, etc.

[Special Aggravation] Aggravations: Crimes committed by persons obligated to report or persons engaged in protective facilities, etc.

[Recommendation and Scope of Recommendation] Aggravation, 2 years and 8 months to 4 years and 8 months [including deceptive and decent acts by force against juveniles (including deceptive and decent acts by force against juveniles) are included in two types, but the upper limit and lower limit of the scope of sentence shall be reduced to 2/3];

3. Determination of sentence: Two years of imprisonment;

Despite being an instructor of a private teaching institute that educates victims, the Defendant committed an indecent act by force, and the method of indecent act is also bad to keep the chest, etc. under the victim’s clothes for a long time. The victim is under medical treatment due to stress arising from the crime of this case, and is under the Defendant’s severe punishment.

However, the defendant is the first offender, and the defendant does not begin with the victim for the purpose of committing an indecent act from the beginning, but committed such an act dynamicly in the course of provoking the victim, and recognized and reflected his/her own crime. The above points and other various sentencing conditions indicated in the record are determined to be lower than the above sentencing guidelines.

Judges Dok-hee

Judges Primarys