Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is a school instructor working at the “C Driving Institute” in Pyeongtaek-si B, and the victim D (V, 17 years old) is a student of the said driving school.

On July 16, 2017, at around 16:00, the Defendant, at the school room of the above private teaching institute, carried the Victim’s shoulder with his own hand, sealed the Victim’s shoulder into the wall, sealed the Victim’s neck in his arms, and boomed the Victim’s body into the Victim’s garlion.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. According to the evidence duly adopted and examined by this court, the witness D and E’s statement investigation report (Evidence No. 7) (Evidence List No. 7) was revealed that the Defendant did not put the victim at the victim’s fixed interest despite the fact that the Defendant had committed an act to put the victim’s interest in selling his arms for the long time, and that the damaged student was forced to be forced due to such an act after the Defendant’s act.

The Defendant’s act of this case did not have a subjective motive or purpose to stimulate sexual desire, provided that there was no subjective motive or purpose to stimulate sexual desire.

Even if it is objectively evaluated as an act that causes sexual humiliation or aversion to the general public and goes against the concept of good sexual morality, and thereby adversely affected the psychological growth of victimized students and the formation of their sexual identity.

Since it is determined, it may be deemed that the act falls under the “disorder” under Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Protection Act”).

B. The criminal intent of the defendant may be recognized in light of the behavior of the indecent act and the circumstances at the time.

Therefore, we cannot accept the defendant's assertion that the defendant's act of this case does not constitute an indecent act or the defendant did not have any criminal intent.

Application of Statutes

1. Criminal facts;