2019Gohap603 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Compulsion)

1. A;

2. B

old-style houses (prosecutions) and paper iron bars (public trial)

Attorney Kim Jong-hun (for defendant A),

Attorney-At-Law (the national election for the defendant B)

January 10, 2020:

Defendants shall be punished by imprisonment for one year.

However, the execution of each of the above punishment against the Defendants is suspended for two years from the date this judgment became final and conclusive. To order the Defendants to attend sexual assault treatment lectures for 40 hours each time.

For each two years, the Defendants shall be ordered to place employment restrictions (including the prohibition of operation and actual labor provision) with institutions related to children and juveniles, and welfare facilities for disabled persons.

Criminal History Office

Defendant A is a person who served as a sports teacher at a D High School located in Incheon from March 1992 to January 2019, and Defendant B is a person who served as a security guard at D High School.

1. Defendant A

(a) Victims E.

In 2017, the Defendant committed an indecent act against a child or juvenile by forcing the victim by forcing him/her to commit an indecent act, by holding him/her seated next to the victim E (the age of 17) who talks about his/her friendship with his/her friendship at the time of a sports class in the base of the day in 2017.

(b) Victims F;

1) In 2016, the Defendant committed an indecent act against the victim F (the age of 16 at that time) of the victim F (the age of 16 at that time) who was in the middle school lecture of the said D High School (hereinafter referred to as “A”) at the time of the 2016th day, with the victim’s her own hand, by forcing him/her to commit an indecent act against the victim, who is a child or juvenile.

2) The Defendant, from March 2017 to April 201 of the same year, committed an indecent act against a child or juvenile victim by force on the part of the victim, on the ground that: (a) at the time of a sports class between the Defendant and the said D High School lecture; (b) during a conversation with the said victim (the said victim (the age of 16 at that time) who was seated above a stage; and (c) the victim’s bucks revealed under the victim’s school uniforms.

3) On August 2017, the Defendant committed an indecent act against the victim, who was a child or juvenile, by taking advantage of the victim’s right-hand hand while making a talk with the said victim (the said victim (the age of 17 at that time) before the lecture stage of the said D High School and talking with the said victim (the age of 17 at that time) during the hours of sports classes for dayless days.

(c) Victims G;

1) On March 1, 2016, the Defendant: (a) Hashed with the victim G (at the time, 16 years of age) and Hashed with the victim G at the same time; and (b) Hasheddd with the victim’s her very cold and frozen at the right right angle of the victim; (c) Hashedd with the victim’s Hashed with the victim’s Hashed and Hashed with the victim’s Hashed and Hashed the victim’s Hashed with the victim’s Hashed and Hashed the victim’s

2) 피고인은 2016년 여름 일자불상경 위 D고등학교 강당 안 무대에서, 친구들과 다이어트에 관한 대화를 하며 무대에 걸터앉아 있는 위 피해자(여, 당시 16세)의 옆자리에 앉은 후 피해자에게 "넌 살 안 빼도 된다. 꿀벅지다."라고 하면서 갑자기 손으로 피해자의 체육복 반바지 아래로 드러나 있는 허벅지와 다리 안쪽 부위를 수회 주물러 아동·청소년인 피해자를 강제로 추행하였다.

(d) Victims H;

The Defendant, from August 2017 to December 201 of the same year, committed an indecent act against the victim, who was a child or juvenile, on his/her own hand, committed an indecent act by force against the victim H (the 17 years of age) who was sitting on the floor of the said D High School.

2. Defendant B

The Defendant, at around 18:00, committed an indecent act on the part of the victim, who was a child or juvenile, in a situation where the victim G (at that time, 17 years old) was cut from the central stairs of the above D High School to the second floor of the central stairs in 2017 and the victim G (at that time, 17 years old).

Summary of Evidence

1. Defendants’ respective legal statements

1. The prosecutor's statement concerning the F;

1. Each police statement made to F, G, and H;

1. Each stenographic record (G, E);

1. Sending materials related to the investigation of crimes against public officials (in the absence of a school, an interview);

1. Each internal investigation report (in addition to the details of 117 reported counseling and consultation, hearing statements of victims and investigation schedule, counseling for students of Dhigh schools);

1. Each investigation report (including the content written by the victim at the time of making a statement, green pictures, omitted statements made by the victim, text contents, case of teaching staff evaluation data, D while on-site investigation, E-mail recording, hearing of statements made by the victim);

Application of Statutes

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

A. Defendant A: Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 298 of the Criminal Act; the choice of imprisonment

B. Defendant B: Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 298 of the Criminal Act; the choice of imprisonment

1. Aggravation for concurrent crimes (Defendant A);

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse in 2016 against Victims G with the largest criminal situation]

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Code (The following consideration shall be taken into account in favor of the reasons for sentencing)

1. Suspension of execution (the defendants);

Article 62(1) of each Criminal Code (The following consideration shall be made again for the reasons for sentencing)

1. Order to attend a lecture (the accused);

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

1. To exempt the public disclosure order and notification order (the accused);

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 fact that there is no record of punishment for sex offenses by the defendants, and that the registration of personal information against the defendants and the order to attend a sexual assault treatment lecture alone seems to have an effect to prevent recidivism. In addition, in full view of all the circumstances such as the defendants' age, environment, social ties relationship, anticipated side effects of the disadvantages and anticipated side effects that the defendants may sustain due to the order to disclose or notify, and the prevention of sexual crimes that may be achieved therefrom, there are special circumstances where the defendants should not disclose or notify the personal information of the defendants).

1. An order to restrict employment (the defendants);

Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) main text of the Act on Welfare of Persons with Disabilities (the Act on the Protection of Children and Juveniles against Sexual Abuse and the Act on the Protection of Persons with Disabilities), where a sentence is imposed by sex crime, it is difficult to exempt the Defendants from taking into account that they committed an indecent act against the victims who are juveniles; the Defendants’ age, occupation and social relationship; the details and effect of the instant employment restriction order before and after the crime; the Defendants’ order to prevent employment restrictions; and the circumstances and effects of the crime.

1. The scope of punishment by law;

(a) Defendant A: Imprisonment with prison labor for a period from one year to 22 years;

(b) Defendant B: Imprisonment with labor for one year to 15 years;

2. Scope of recommended sentences according to the sentencing criteria;

A. Defendant A

1) Crimes Nos. 1, 2, and 3 (Crimes of Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse)

[Determination of Type] The crime of indecent act by force (subject to the age of 13 or more) on the grounds of the general standard on the grounds of sex crimes. (Indecent act by force, such as by force or by force on the part of relatives)

[Special Sentencing] Reduction element: In case where the exercise of tangible power is considerably weak, it is not punishable.

Aggravations: Crimes committed by persons obligated to report or employees in protective facilities.

[Scope of Recommendation] Imprisonment from one year to two years (Mitigation)

* Juvenile indecent act by compulsion (including deceptive and indecent act by force) shall be included in two types, but the upper and lower limit of the scope of sentence shall be reduced to 2/3) shall be set according to the standards for handling multiple crimes: Imprisonment for one year to 3 years (the upper limit of the first crime + 1/2 + 1/3 of the upper limit of the second crime + 1/3 of the third crime).

B. Defendant B

[Determination of Type] The crime of indecent act by compulsion (subject to the age of 13 or more) on the grounds of the general standard on sexual crime, the second type of the crime of indecent act by indecent act by indecent act by indecent act, etc. by marital relationship

[Special Sentencing) Mitigation element: Where the exercise of tangible power is considerably weak, an aggravated element: A crime committed by a person obligated to report or a person engaged in protective facilities, etc.

[Scope of Recommendation] Imprisonment from one year to two years (Mitigation)

* Juvenile indecent act by compulsion (including deceptive and indecent act by force) shall be included in two categories, but the upper limit and lower limit of the range of sentence shall be reduced to 2/3.

3. Determination of sentence;

(a) Defendant A: One year of imprisonment and two years of suspended execution;

B. Defendant B: One year of imprisonment, and two years of suspended execution, Defendant A, as a teacher, educated students to have a healthy sexual sense, prevented sexual crimes against students, and committed several indecent acts against victims E, F, G, and H who were under his direction and supervision even though they had a duty to safely protect students from sexual crimes. Defendant B also committed indecent acts against the victims G subject to protection even though they had a duty to prevent sexual crimes against students as security guards and to safely protect students from sexual crimes. In light of the circumstances and contents of each of the crimes in this case, the crime is considerably not good. The victims appear to have received considerable sexual humiliation and mental suffering, and Defendant B did not receive any remedy from the victims.

On the other hand, all of the crimes of this case are deemed to be against the Defendants, and there is no record of punishment against the Defendants for sexual assault crimes, and the Defendants cannot be deemed to have exercised force against the victims in the course of each indecent act of this case. In addition, Defendant A's family members and branch members wishing to support the Defendant, and in particular, Defendant A wanted to take the Defendant's wife against the victim G and the victim's wife on December 30, 2019; the victim E and the victim F and the victim on January 6, 2020; the victim H and 2020, Jan. 8, 2008 each of them did not want the Defendant's punishment.

In addition, the defendants' age, character and conduct, environment, relationship to victims, motive, means, result, etc. of the crime in this case and all the circumstances constituting the conditions for sentencing as shown in the present arguments and records, such as the circumstances after the crime, shall be determined as ordered within the scope of recommended sentencing guidelines.

Where a conviction becomes final and conclusive on each criminal fact in the judgment that constitutes a sex offense subject to registration and submission of personal information, the Defendants constitute a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and shall submit personal information to the competent agency in accordance with

The presiding judge, judge and decoration;

Judges Kim Jae-sik

Chief Judge Judge