The defendant is a person who was in charge of the first-year 7th session while serving as a science teacher of C High School in P high school in Pjuju City, and the victim D(W, 16 years old) is a student attending the same Ban.

피고인은 2017. 4. 27. 12:00 경 위 C 고등학교 1 학년 7 반 교실에서 피해 자가 시험을 마치고 다른 친구들과 함께 사물함 정리를 하고 있을 때 ' 교실에서 빨리 나가라' 면서 피해자의 엉덩이를 손으로 ' 툭' 치는 방법으로 추행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from witnesses);

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 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Fine of 5,00,000 won which is suspended for a sentence; and

1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. Article 59 (1) of the Criminal Act of the Suspension of Pronouncement of Sentence (The following consideration has been made for a favorable reason for sentencing):

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (including the fact that the defendant is an initial offender who has no criminal history, the degree of his/her prosecution, and the fact that he/she seems to have low risk of re-offending, and the purpose, prevention, etc. of orders to complete programs all together);

1. An order of disclosure, notification, and restriction on employment of a child exempted from such order, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse (the instant crime is not an offense against an unspecified victim, but an offense against the accused is not committed, and the accused has no record of committing an offense, and the degree of prosecution is not serious, and thus, risk of reoffending exists

It is difficult to conclude that it is an employment restriction order, social benefits expected by an employment restriction order, and the prevention and effect of sexual crimes, and the defendant thereby.