Text
A defendant shall be punished by imprisonment for two years.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
피고인은 D 고등학교에서 경비원으로 근무하는 사람으로, 2016. 12. 3. 16:30 경 순천시 E에 있는, D 고등학교 숙직실에서 교실에 놓아 둔 지갑을 찾으러 온 피해자 F( 여, 17세) 을 방바닥에 앉게 한 다음, “ 예쁘다” 고 하면서 피해자를 세게 껴안고, 이에 피해자가 거절의사를 표현하자 자신의 상의를 걷어 올리고 피해자의 손을 자신의 젖꼭지에 갖다 댄 후 비비고, 피해자에게 “ 세게 꼬집어 달라” 고 말하였다.
Then, the victim's flag and blag were laid down, and the flag of the victim's chest was cut down by hand, and the part of the victim's blag was cut down with the clothes of the victim.
Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of CCTV Acts and subordinate statutes;
1. Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning criminal facts;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;
1. It is deemed that the effect of preventing recidivism by ordering the accused to undergo treatment programs for sexual assault, etc. under Article 49 (1) (proviso) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the accused has no record of sex offense, and the accused to undergo treatment programs for sexual assault may be considerable enough to prevent recidivism;
In full view of the interests and preventive effects expected by the disclosure order or notification order, and various circumstances such as the degree of disadvantage and expected side effects of the defendant's suffering, there are special circumstances in which the defendant's personal information should not be disclosed or notified.
Reasons for sentencing
1. The scope of applicable sentences by law: Imprisonment for not less than two years nor more than thirty years; and
2. The range of recommended punishment on the sentencing guidelines [the types of decisions] shall be general standards for sex offenses (the objects of 13 years or more). The two types of indecent acts (the subject of 13 years or more) shall be two types of punishment (the subject of special sentencing).