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 an English instructor of a DNA driving school that is accompanied by the victim C (IS, 17 years of age).
On July 31, 2013, around 01:18, the Defendant went into a taxi before the bus stops in Yongsan-gu Seoul, Yongsan-gu, Seoul. On July 31, 2013, the Defendant committed an indecent act by coercioning the victim by forcing the victim to use under the influence of alcohol due to the drinking-free white day with the Defendant, and by preventing the victim from taking the head of the victim into action.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each Act and subordinate statute to police preparation F and written statement to C;
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, the relevant Articles of the Act on the Protection of Children and Juveniles against Sexual Abuse and the choice of punishment;
2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).
4. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
5. The Defendant is deemed to have committed an indecent act against the victim under the influence of alcohol by attempting to put the victim under the influence of alcohol by issuing an order for disclosure and notification of information pursuant to the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse / The Defendant is not deemed to have committed an indecent act against the victim under the influence of alcohol, and it is difficult to conclude that the Defendant has no record of punishment for sexual assault except for the instant crime, and thus, there is no substantial need to impose security measures such as disclosure and notification order. Meanwhile, the Defendant has supported the Defendant by living together with his spouse and children, and supported them, having divided the instant crime, and has prevented the prevention of recurrence.