아동ㆍ청소년의성보호에관한법률위반(강제추행)
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is Chigh School Teachers.
On December 12, 2013, the Defendant: (a) around 14:00, around 14:00, the two-year class classes of the D High School D, and (b) reported that the victim E (n, 16 years of age) who is the second-year student of the said school is preparing a letter of self-introduction; and (c) led the victim to the victim’s side " why he is so short or why he is so short."
Accordingly, the defendant committed an indecent act against the juvenile victim by force.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of each police protocol of statement to E and F;
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;
2. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;
3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.
4. Order to complete a program, etc. under Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
5. The issue of whether an order to disclose or notify information constitutes “any special circumstance that may not disclose or notify personal information” under 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 exception to an order to disclose or notify personal information] shall be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc. of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s injury due to the order to disclose or notify, the preventive effect of sexual crimes subject to registration that may be achieved due to such order, and the effect of protecting victims of sexual crimes subject to registration (see Supreme Court Decision 2011Do16863, Feb. 23, 2012). The Defendant’s age, occupation, family environment, social relationship, and criminal record recognized as stated in the aforementioned legal principles and record.