(영문) 대전지방법원 논산지원 2020.10.28.선고 2020고합31 판결

For the accused, an employment restriction shall be ordered to a child or juvenile-related institution, etc. and a welfare facility for persons with disabilities for three years.

Reasons

Criminal facts

The defendant is a person who operates private extracurricular lessons in building B C at the time of conclusion, and the victim D (the name, the age of 15) is a student attending the above extracurricular lessons.

At around 14:30 on May 14, 2020, the Defendant left the victim's personal office on the ground of counseling at the above extracurricular school, and then left the victim's body on the part of the victim in the situation of conversation with the victim, which was divided into two arms, and got the victim's body at one time, and got the victim's breath.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. Explanation of a list of 112 reported cases handling cases;

1. Application of Acts and subordinate statutes to a report on the occurrence of a case, each report on internal investigation (Evidence List Nos. 6, 9) and an investigation report (Evidence List No. 12);

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

Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Selection of Imprisonment

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Order to attend lectures;

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

1. The main sentence of 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 Welfare of Disabled Persons Act;

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 first offender is the defendant, the defendant is ordered to attend a course for treating sexual assault, and the registration of personal information of the defendant can be seen to have an effect to prevent recidivism of the defendant to a certain extent. In addition, considering the defendant's age, occupation, family environment and social relationship, the details, circumstances, and results of the crime in this case, the prevention of sexual crimes subject to registration that may be achieved due to the disclosure notification order, and the protection effect of the victim, and the degree of disadvantage suffered by the defendant due to disclosure and notification order and anticipated side effects, it is deemed that there are special circumstances where the disclosure and notification of personal information of the defendant is prohibited).

2. Determination of sentence;

The Defendant committed the crime of indecent act by compulsion against children and juveniles vulnerable to the crime, and the commission of indecent act constitutes sexually sensitive body part, and thus, the nature of the crime is heavy. The crime of this case does not seem to have been sexual humiliation and mental suffering. The Defendant’s criminal act is also likely to seriously undermine the public confidence in the private teaching institute instructors. The Defendant is led to the confession of the instant crime, is the first offender, and the victim does not want the punishment of the Defendant by agreement with the victim, the sentencing guidelines of the Sentencing Committee, the age, occupation, character and conduct, family relationship, the background and consequence of the instant crime, and all of the sentencing conditions indicated in the instant records and arguments, including the circumstances after the crime, shall be determined by comprehensively taking into account the sentencing criteria of the Sentencing Committee, the Defendant’s age, occupation, personality and conduct, family relationship, and the criminal

Registration and submission of personal information

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 prescribed in Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent authority pursuant to