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(영문) 청주지방법원 2019.10.11 2019고합134
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

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.

Reasons

Punishment of the crime

The defendant is the president of the C Institute in the fourth floor of the public interest building in Yeongdeungpo-gu Seoul Metropolitan City, and the victim D (the family name, the female, the age of 14) who is a child or juvenile is the student of the above private educational institute.

On March 9, 2019, the Defendant, while running a day-to-day business against the victim at the above private teaching institute, was able to use both sides of the victim by hand, such as the victim’s ear, and the string of the string of the string of the string of the string of the string of the string of the string of the 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing statements made by victims D, contained in one CD;

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of, and the choice of imprisonment with prison labor for, an indecent act against a child or youth by force) of the relevant criminal history and the choice of a sentence;

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 extenuating circumstances among the reasons for sentencing);

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

1. In light of the following, the Defendant’s personal information is subject to a disclosure order and notification order: (a) it is difficult to readily conclude that the Defendant has a risk of re-offending of a sexual crime, such as having no record of punishment against the Defendant for a sexual crime; (b) the registration of personal information against the Defendant and taking lectures in the sexual assault treatment course alone appears to have an effect of preventing re-offending; (c) the Defendant’s age, occupation, family environment, social relationship; (d) method and consequence of the crime; (e) disclosure order; (e) the preventive effect expected by the notification order; (e) the disadvantage and anticipated side effects of the Defendant’s entry; and (e) the effect of protecting the victims.

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