2017Gohap1240 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, etc.)

A

Kim Ho-young (prosecutions) and Kim Jong-Un (Trial)

Attorney B, C.

March 23, 2018

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.

Criminal facts

The defendant is an instructor of a private teaching institute who teaches his studies.

From November 2016, the Defendant consulted about the consideration of the victim around May 2017, when he was aware of the victim D (n, 17 years of age) who was a high school student who attended the Defendant's lecture from around November 2016, and was able to commit an indecent act against the victim in the open lecture room of a private teaching institute due to the fact that the conversation on the male-child relationship of the victim was divided on July 201.

1. At the end of July 2017, the Defendant 402 '○○ Private Teaching Institute' in Dongjak-gu Seoul Metropolitan Government E came to attract the body of the victim from the lecture room 402 '○○ Private Teaching Institute' to the rear side of the victim, putting the victim into the panty line of the victim, and putting the hand into the part of the victim.

2. At the end of July 2017, the Defendant: (a) stated that “A victim who intends to return home in the said teaching room No. 402 of the said teaching institute would not send him/her to the house if he/she would not do so; (b) but, if the victim refused it, he/she would have the victim be under the influence of undermining the victim’s entry; and (c) the victim returned the dog to contact the victim’s view.

3. On August 2017, the Defendant sent another student who was in the said private teaching institute 402 lecture room to another lecture room, and then raised the victim's standing by entering and raising the victim's chest and her care.

4. At the end of August 2017, the Defendant: (a) laid down the arms of the victim who wanted to return home in the lecture room No. 402 of the said private teaching institute; (b) laid down the arms of the victim on the knife the knife of the knife; (c) laid down the knife with the knife of the victim; and (d) laid down the knife with the knife of the victim on the knife of the knife; and (c) brought the victim on the knife of the knife with the knife of the victim on the knife of September 14, 2017; and (d) demanded the victim to enter the knife with the knife of the victim on the knife.

6. On September 15, 2017, the Defendant: (a) around September 15, 201, in the supplementary room of the pertinent private teaching institute, the victim dypedly used the victim’s body with his own arms.

Accordingly, the Defendant committed an indecent act against a juvenile by force over a total of six occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Mebato;

1. On-site photographs;

Application of Statutes

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

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

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 provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse, Etc.)

1. Order to complete programs;

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 and notification;

The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no history of criminal punishment prior to the instant sexual crime, and in light of the relationship between the defendant and the victim, it is difficult to readily conclude that the defendant is highly likely to recommit a sexual crime against an unspecified female. Furthermore, the defendant’s sentence of imprisonment with labor, registration of personal information, and completion of a sexual assault treatment program may have an effect to prevent recidivism to a certain extent. Furthermore, if personal information of the defendant and the victim are disclosed and notified, it is likely that additional damage may occur by exposure to the victim’s information or privacy.

In addition, considering the defendant's family relation, motive for the crime, method and consequence of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure notification order, the prevention of sexual crimes subject to registration, the effect of protecting the victim, etc., the defendant's personal information should not be disclosed or notified. Thus, the disclosure notification order or notification order is not issued to the defendant.

1. Reasons for sentencing: Imprisonment with prison labor for a period from 2 years to 45 years;

2. Scope of recommendations according to the sentencing criteria;

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

[Determination of Type] The crime of indecent act by compulsion (subject to the age of 13 or more) on the grounds of the general standard on sexual crime, the second type of the crime of indecent act by indecent act by indecent act by indecent act, etc. (the act of indecent act by indecent act

*The descriptive criteria: Juvenile indecent act by compulsion (including deceptive or indecent act by force) shall be included in the category 2, but the upper and lower limit of the range of sentence shall be reduced to 2/3.

[Special Aggravation] Aggravations: Crimes committed by persons obligated to report or persons engaged in protective facilities, etc.

[Scope of Recommendation] Aggravation, 2 years and 8 months to 4 years and 8 months;

(b) Final recommending punishment according to the standards for handling multiple crimes: Two years and eight years to eight years [in accordance with the standards for handling multiple crimes, the total of the upper limit of the second crime and the 1/3 (one year and six months, and half months) of the upper limit of the third crime shall be set in accordance with the standards for handling at least three multiple crimes];

3. Determination of sentence;

In full view of the following circumstances and the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, various sentencing factors shown in the arguments in the instant case, such as the circumstances after the crime, the punishment shall be set as the order by lowering the lower limit of the recommended sentence according to the sentencing guidelines.

○○ Unfavorable Circumstances: Each of the instant crimes committed by the Defendant, as an instructor at a driving school, on six occasions, by committing an indecent act against the victim, who is a high school student attending the lecture of the Defendant. In light of the course and method of the crime, degree and frequency of the indecent act, relationship between the Defendant and the victim, and the age of the victim, etc., the crime is not good. Each of the instant crimes committed by the victim appears to have caused considerable sexual humiliation and mental pain, and the Defendant did not have been able to have been

The defendant recognizes his wrong and reflects his wrong. The defendant has no record of criminal punishment prior to the instant case.

Registration and submission of personal information

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant shall be 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. Therefore, the defendant shall submit personal information to the competent agency pursuant

The presiding judge, judges and assistant judges

Judges Park Jong-ro

Judges Park Jae-gu