2018Ma183 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Compulsion);

Violation of the Act on the Protection of Juveniles against Sexual Abuse (Quasidecent Act)

A

So-young (prosecution), misappropriation (Trial)

Law Firm Gangnam, Attorney Kim Yong-deok

February 15, 2019

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 became final and conclusive.

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

An employment restriction shall be ordered to a child or juvenile-related institution, etc. for five years.

Criminal facts

The Defendant was a current or former English teacher in the B High School located in Ansan-si, and the victim C (the age of 18), victim D (the age of 17), victim E (the age of 18), and victim E (the age of 18) is a student attending the third grade of the above school.

(a) Crimes against victims C;

피고인은 2018. 9. 6. 10:40경 안성시 F 소재 B고등학교 3학년 3반 교실에서, 피해자 C에게 팔 마사지를 해준다는 것을 기회로 위 피해자의 오른쪽 팔을 주무르고, 여름 교복 상의를 입고 있는 피해자의 겨드랑이 쪽으로 손을 뻗어 손가락으로 피해자의 팔 안쪽을 간지럽힌 다음 피해자의 오른손 손등 및 손가락 마디 부위를 혀로 핥고 입으로 빨아 청소년인 피해자를 강제로 추행하였다.

(b) Crimes against victims D;

On September 12, 2018, the Defendant had repeatedly committed two parts of the Victim’s shoulder, side gate, fright, fright, fright, fright, and 3:4 times repeatedly on September 12, 2018, which are the part of the Victim’s shoulder, side fright, fright, fright, and fright, which are the part of the Victim’s shoulder, side fright, fright and breast fright, and both breast fright and fright.

Although the Defendant had expressed his intention of refusal, such as demanding the victim to blick the math and immediately facing the flick, the Defendant continued to commit an indecent act by force against the victim, who is a juvenile, by inserting the victim's flick and flickly below the flick, by inserting the victim's flick, into the flick and flick below the flick.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

(a) Crimes against victims E;

At around 1:10 on September 5, 2018, the Defendant: (a) 11:10 on September 5, 2018, during the three-year and fourth-class class class classrooms located in the F High School located in Ansan-si; (b) Doing to show movies during English class hours, the Defendant was able to take part in the victim E by taking advantage of the victim’s left side buck, by taking advantage of the victim’s depth locked to resist; and (c) Doing to have the victim taken one time at the same place at the same time on the same day. In addition, the Defendant took English class

The above victim was able to be faced twice in the entrance of the victim by taking advantage of the state in which the victim was unable to resist with his depth, regardless of being able to resist. Accordingly, the Defendant committed an indecent act by taking advantage of the victim’s state of her refusal to resist.

(b) Crimes against victims D;

At around 12:10 on September 5, 2018, the Defendant was able to take two times to the victim’s right-hand knives by taking advantage of the situation where the said victim was unable to resist in depth, from among the three-year class classroomss of F High School B and C located in Ansan-si, the Defendant was able to show movies during English class hours to the victim D.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's refusal to resist.

A summary of the steam

1. Defendant's legal statement;

1. Each police statement made to C, D, E, G, H, and I;

1. Contents of text messages dialogue;

Application of Statutes

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

Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the occupation of indecent acts by children and juveniles, the choice of imprisonment), Article 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act (the occupation of indecent acts by children and juveniles, the choice of imprisonment)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Indecent Act))

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Order to attend lectures;

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

1. Exemption from an order for disclosure or notification;

In light of the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that there is no history of punishment against the defendant for the sexual crime of this case, the defendant's personal information registration and participation in the sexual assault treatment course against the defendant can be seen as having the effect of preventing re-offending by the defendant. In addition, in full view of all the circumstances such as the defendant's age, character and conduct, family relation, circumstances surrounding the crime of this case, circumstances after the crime, etc., the disclosure order and notification order will have relatively less social benefits expected to be achieved by the defendant compared to the disadvantages and anticipated side effects that the defendant will suffer, and the preventive effect of the sexual crime shall be relatively less than the disadvantages and expected side effects of the defendant. Thus, there

1. Registration of personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, 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 personal information to the competent authority pursuant to

1. Reasons for sentencing: Imprisonment with prison labor for a year to June 22

2. Scope of recommending types according to the sentencing criteria;

(a) Crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Determination of Punishment] General Standards, Crimes of Indecent Act by Compulsion (subject to 13 years of age or older), Type 2 (Special Indecent Act by Compulsion) (1): Crimes committed by employees, such as persons obligated to report or persons in custody.

Reduction Elements: Non-conformity of Punishment

[Recommendation and Scope of Recommendation] Reduction Area, one year to two years of imprisonment

(b) Scope of recommendation according to the standards for handling multiple crimes: Imprisonment from one year to three years (a) from one year (the upper limit of paragraph (1) + 1/2 + 1/3).

3. Determination of sentence: Imprisonment with prison labor for one year and two years;

Although the defendant is in a position to faithfully guide and protect the victims of age as a teacher teaching the victims, he/she committed each indecent act by taking advantage of such position, and in light of the criminal history, method, frequency, etc. of the crime, poor quality of the crime is committed, the degree of indecent act is variable and repeated, and the victims of this case who are minors have caused considerable sexual humiliation at the time of forming a sound sexual identity and values. However, due to this case, the defendant's mistake is recognized, but the defendant was killed of the victims, as soon as the case occurred, and there was no record of punishment for the same sex crime or suspended sentence of imprisonment with prison labor or heavier punishment, considering favorable circumstances, such as the victim's age, character and behavior, environment, family relationship, motive of the crime, means and consequence, etc., the punishment of this case shall be determined as stated in the order of the punishment of this case, in consideration of all the elements indicated in the arguments after the crime was committed.

The judge level of judge;

Judges

Support for Judges

1) Juvenile indecent act by compulsion is included in Type 2, and the upper and lower limit of the scope of sentence shall be reduced to 2/3.