A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is the vice president of the “C Driving Institute” in Seo-gu, Seo-gu, Gwangju, and the victim D (the age of 15) was a student who attended the said driving school, and the Defendant was willing to commit an indecent act by making use of the fact that even if the Defendant commits an indecent act against the victim in light of the victim’s age or relationship with the Defendant, it is difficult for the victim to refuse

From October 2016 to September 14, 2017, the Defendant committed an indecent act against the victim ten times in total, as shown in the list of crimes in attached Table, in the room of “C Driving Schools” on a day between the lower end of October 2016 and February 2017.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. D’s statements and stenographic records contained in video recording CDs;

1. Application of the Acts and subordinate statutes to photographs inside and outside the vehicle;

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, etc.) committed on September 14, 2017 with the largest penalty for concurrent crimes];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of 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. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. An order of disclosure and notification shall be entered by the accused who has no force on the part of the accused, or an order of disclosure and notification, under Article 49 (1) (proviso) and the proviso to Article 50 (1) (proviso) of the Act on the Protection of Children and Juveniles against Sexual Abuse;