아동ㆍ청소년의성보호에관한법률위반(강제추행)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is the president of the "E Admission Research Institute" in Pyeongtaek-si D, and the victim F (n, 18 years old) is the student of the above private teaching institute.
On December 26, 2015, at around 15:30, the Defendant: (a) moved the victim to H in the Republic of Liberer’s car operation to the head of Liberer’s car operation, and was on the same day, at around 16:40 on the same day, the Defendant got on the part of the victim’s right side of the victim, going out from the said H parking lot to the front direction; and (b) obstructed the victim’s right side side with his left arms.
이에 피해 자가 피고인의 몸을 밀치자, 피고인은 재차 같은 방법으로 피해자를 껴안으면서 피해자의 오른 뺨에 자신의 얼굴을 가져 다 댔다.
The Defendant continued to attract the victim to the Defendant, and the victim’s grandchildren, saying “The Defendant shall not be towed by the next being towed by the Defendant, and the chief and the driver’s seat are far away, and then, he shall be towed by a small amount.”
Accordingly, the defendant committed indecent act against the juvenile victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police with respect to F;
1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);
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 selection of the relevant criminal facts;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the crime of this case is not limited to unspecified persons, the fact that there is no record of punishment for sexual crimes, and the defendant's age and occupation, the type and motive of the crime, the process and consequence of the crime, the existence of the same kind of power, the risk of recidivism, and the disclosure thereof.