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.

Criminal facts

The defendant is the head of the 'C' school in Gangnam-gu Seoul Metropolitan Government, and the victim D(M, 13 years old) is the original student of the above school.

At around 01:00 on March 1, 2019, the Defendant: (a) at the office of the “C” above, the Defendant: (b) had the victim interfered with the victim’s will; (c) had the victim be placed on a blick door; and (d) had the victim close down the part of the victim’s chest by hand; (c) had the victim blick his hand inside the blicker of the victim’s blick; (d) had the victim blick the boat, and (e) had the victim blick the boat back; and (e) had the victim blick the part of the victim’s chest, by inserting the hand within the blicker of the victim, and blick up the victim’s chest.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. Statement made to D by the police (second time);

1. A transcript of the complaint;

1. Application of statutes on site photographs;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the choice of imprisonment with labor for the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. The former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1622, Nov. 26, 2019); the Defendant has no record of being punished for a sex offense; the Defendant’s registration of personal information against the Defendant; taking lectures in sexual assault therapy; and the employment restriction order alone appears to have the effect of preventing recidivism; the Defendant’s age, occupation, environment; the details and background of the instant crime; the method and consequence of the instant crime; and other disclosure and notification orders.