2013 Highest 6624 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Indecent Acts, etc., Indecent Acts by minors

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January 16, 2014

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Ordering the accused to take lectures in community service for 200 hours and sexual assault treatment programs for 40 hours;

Criminal History Office

The Defendant was a professor of the ○ University.

On September 23, 2013: From around 30 to 01:0 the following day, the Defendant provided the victim Kim○○○ (n, 19 years old) and Park ○○ (n, 18 years old) who was enrolled in the university at the city where the Defendant worked as a professor at the Plaintiff’s University, and used the Plaintiff’s teaching position as a professor at the university where the Defendant was accompanied by the victims, and used the victim’s status as a professor at the university where the Defendant was accompanied, kid a kid, kid the victim’s kids, kid the victim’s kids, kids the victim’s kids, and kids the victim’s chestd with the victim’s clothes, boom○○ (n, 18 years old).

피고인은 다시 팔을 피해자들의 목 뒤로 돌려 속칭 러브샷을 하고, 안주로 나온 사과를 입에 물고 피해자들에게 입으로 받아먹게 하였다 .

After that, the Defendant, in front of a singing practice room, took the victim's gambling ○○ house and boarded the Defendant's passenger vehicle into the head of the passenger car operation room, and brought the victim's neck into the top.

Accordingly, the defendant, by taking advantage of university professor status, committed an indecent act by force against the victim Kim ○○ and minor victim Park ○○.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement on Kim○-○ and Park Il-○;

1. A report of investigation (outstanding investigation);

1. Recording records;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 10(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the Indecent Acts by Abuse of Occupational Authority, Selection of Imprisonment) and Article 302 of the Criminal Act (the Indecent Acts against Minors and Selection of Imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Orders to provide community service and attend lectures;

Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

The reason for sentencing was that the Defendant committed an indecent act against the victims and their families, even though he was responsible for engaging in the speech and behavior suitable for the teaching status of the professor, and thus, caused severe humiliation and mental impulses to the victims and their families. Furthermore, it is not good that the nature of the crime is very good because it seriously damages the respect and trust relationship between the winners and the third parties, thereby causing a big social concern.

However, it is decided as per Disposition by taking into account the following facts: there is no record of criminal punishment against the defendant; the defendant confessions all the crimes in this court and repents the errors; the defendant has retired from the teaching office or school immediately after the instant case; and each victim has deposited KRW 10 million and KRW 15 million in the future; and the victim has made efforts to recover from damage caused in money; and the circumstances of the instant crime, the degree of indecent act, the defendant's tendency, family environment, etc. are considered.

Where a conviction becomes final and conclusive in regard to the crime of this case, which is a sex offense subject to the registration of personal information, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit the personal information of the defendant to the head of

Disclosure Order or Notice Order

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime, degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, and the effect of protection of the victim, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances under which personal information shall not be disclosed pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Judge Park Sung-sung