2016 High 16 High Doz. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Compulsion)

○○ (61 - 1) - Private school teachers

Seo-gu Incheon

Reference domicile City

Park Jong-young (Lawsuits) (Public Trial) and Park Il-young (Public Trial)

Law Firm Han-mun et al.

Attorney Lee Dong-won

April 6, 2016

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Criminal History Office

The Defendant is ○○ Women’s High School in Bupyeong-gu Incheon, Incheon, as well as 3-year teachers at school, and the victims are three-year students at the above school.

1. Crimes against the victim's snow ○○;

A. On May 22, 2015, at around 00, the Defendant: (a) induced the Defendant to leave the factory in the factory located in Seo-gu, Seo-gu, Seo-gu, Incheon, Seo-gu, Incheon to move to the house; (b) moved to the victim LG ○○○ (hereinafter the age of 18) and drive from the school school to the above factory; (c) had “I am her flick to the first few parts of the school bus at the school; and (d) had the time left to the school bus until that time; (c) “I am to the front part of the vehicle, and I am to the front part of the vessel; (d) “I am to the front part of the vessel; and (e) I am to the victim’s chest because I am to the front part of the vessel; and (e) I am to remove the victim’s chest who did not have the right to engage in indecent act.”

B. On September 2015, the Defendant: (a) while moving a victim to the Cheongdodo in the direction of the Seo-gu Incheon Seo-gu, Seo-gu, Incheon; and (b) talking about sexual and career, the Defendant committed indecent act by force against the juvenile, such as by: (a) taking the victim’s hand; (b) bringing the victim’s hand on the part of his/her own seat while withdrawing the vehicle; and (c) bringing the victim’s hand on the part of his/her sexual flag; and (d) taking the victim’s hand on the part of his/her seat.

2. Crimes against the victim Kim ○-○;

A. On July 2015, the Defendant: (a) around 2015, up to the second to third floor of the 3rd grade building; (b) from the dull stairs, the Defendant she laid the victim Kim Jong-○ (n, 18 years old); and (c) thereby, she ought to see whether he/she is well in the school register, and sees it well in the test. “In the instant case, the Defendant she was forced by force on the part of the victim; and (d) the Defendant she was forced by force on the part of the victim, she was frighted with the string of the right shoulder, she was frighted with the string of the upper part.

B. On August 2015, the Defendant, within the second floor of the third-year building, ○○○ and the second floor of the third-year building, obstructed the victim, who is a juvenile, by force, by force.

3. Crimes against victims, Kim △△△△;

A. The Defendant, around March to April 2015, 2015, at the second floor school room of the second floor of the building of the third grade of the Defendant: (a) provided vocational counseling with the victimized party Kim △△△△△ (n, 17 years of age) and career counseling; (b) led the victim’s knee-tye-tye-ty-tye-tye-tye-tye-ty-tye-tye-ty-tye-ty-tye-tye-tye-tye-ty-ty-ty

B. On April 2015, the Defendant, within the three-year class and three-year class of the Defendant, told the victim to come in the future, and the victim passed the Defendant, and subsequently, the victim was forced to commit indecent act by force against the juvenile, as the Gaer and the victim’s her son’s her her her her her her her her her her her her her her her her her

4. Crimes against the victim's assistance to ○○;

A. On July 2015, the Defendant, within the school room of the second floor of the 3rd grade building and the second grade of the 3rd grade of the 3rd grade of the 2015, considered that the Defendant would not take night-time self-learning at the time, “I think that the Defendant would be on the first day’s night-day night-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-based-time-based-time-based-time-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-

B. From August to September 2015, at the above school office, sexual counseling in relation to the victim’s and occasional applications for the victim’s occasional examination at the victim’s school, the victim ought to be “at least to bring about a certain school, sexually, and to be prepared for the matter, and to be managed in good faith.” The victim’s hand used the victim’s left side buckbucks and by force as rhyth of the victim’s hand, led the victim to indecent act by force.

5. Crimes against victim Lee ○-○;

A. On May 2015, the Defendant, within the above ○○○○ and the school room, committed indecent acts by force against the juvenile, on the following grounds: (a) taken the victim’s ○○○ (at the age of 17) into the delivery room in order to have the victim’s feassition in mind; and (b) used the victim’s knee part as his knee, the victim’s knee.

B. At around August 2015, the Defendant, in relation to the preparation of the written examination, made the victim a school room with respect to the preparation of the written examination, and made it impossible for the victim to do so, “I will not use it,” and “I would like to write the victim’s back from the back of the buckbucks of the victim, and made a strong indecent act against the juvenile.”

6. Crimes against the former ○○○○.

On June 2015, the Defendant: around 00, at the end of 09: from the stairs going from the first floor to the third floor of the building of the third grade, the Defendant, along with the victim’s front ○○○ (M, 17 years old) (M, 17 years old) and was going to the class, her knife the knife of the victim, and her knife the knife part of the knife part of the knife, her knife knife the knife part of the knife part, and her knife the knife part

Summary of Evidence

1. The defendant's statement in court (on the third trial date);

1. Each police protocol on the ○○○, Kim○○, Kim ○, Kim △△, Cho ○, Lee ○, and Jeon ○

1. The survey result of the sexual assault case committed by ○○○○○ and the survey result on the actual status of sexual assault;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act (Appointment of Imprisonment with labor for each of the following) 1.

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

Punishment on May 2015 on the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Compulsion)

applicable to both concurrent crimes and concurrent crimes]

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing)

1. Order to complete a program;

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 [Defendant]

The crime of this case has no record of being punished for a sexual crime, and the crime of this case is committed against the victim.

each of the crimes in this case is used by the defendant in the relation of restraint (in the student-level) with the victims.

Defendant Da in light of the fact that employment is restricted to schools, educational institutes, etc. after the Defendant

It is difficult to readily conclude that there is a risk of committing a sexual crime in the city, and otherwise the Defendant’s age;

business, family environment, social ties, disclosure order or notification order; or

Taking into account the following and preventive effects, the disadvantages and side effects arising therefrom, as well as all other circumstances:

There is a special reason not to disclose or notify the personal information of a deceased person

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment with prison labor for a period of one year to two years; and

2. Application of the sentencing criteria;

A. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against the victim's snow ○○;

[Determination of Type] A crime of indecent act by compulsion by force (subject to 13 years of age or over) on the general standards for sexual crimes

[Special Aggravations] Aggravations: Continuous and repeated crimes subject to multiple victims, persons obligated to report, or persons appointed

Crime / Mitigation elements of employees, such as heading facilities: In cases where the exercise of tangible power is considerably weak, the determination of indecent conduct;

If the Do is weak, no penalty shall be imposed;

[Scope of Recommendation] Reduction Area, 1 year to 2 years (including juvenile indecent acts by compulsion, so it is included in Type 2.

shall be reduced to 2/3 by the upper limit and lower limit of the scope of sentence

(b) A violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against the remaining victims;

[Determination of Type] A crime of indecent act by compulsion by force (subject to the age of 13 or above) on sexual crimes

[Special Aggravations] Aggravations: Continuous and repeated crimes subject to multiple victims, persons obligated to report, or persons appointed

Crime / Mitigation elements of employees, such as heading facilities: In cases where the exercise of tangible power is considerably weak, the determination of indecent conduct;

Where the Do is weak;

[Scope of Recommendation] Reduction Area, 1 year to 2 years (including juvenile indecent acts by compulsion, so it is included in Type 2.

shall be reduced to 2/3 by the upper limit and lower limit of the scope of sentence

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for a period of one year to three years.

3. Determination of sentence: Imprisonment with prison labor for one year and six months; and

Although the Defendant, as a teacher, is in a position to educate students to have sound sexual values and to protect them, they committed an indecent act against a number of students who instruct them for a long time by using the fact that students are relatively unsound in their relations with teachers. The nature of the crime is very bad. The victims who had suffered a great mental pain and sexual humiliation due to the instant crime, and have affected their correct growth. Nevertheless, the Defendant did not have been used from the victims other than one other. Therefore, it is inevitable to punish the Defendant with severe punishment corresponding to his/her criminal liability.

However, among each of the crimes of this case, the fact that the victim ○○ who was the most severe crime expressed that the defendant does not want the punishment of the defendant, the fact that the defendant was not subject to any criminal punishment before this case, and that the degree of each of the indecent acts of this case is relatively strong, etc. shall be considered as favorable circumstances to the defendant. In addition, all of the sentencing factors specified in the arguments of this case, including the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as ordered.

Registration and submission of personal information

Where a conviction becomes final and conclusive on each 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 thus, he/she is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

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