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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a Korean language teacher and a person in charge of broadcasting in the D Women's High School in Eunpyeong-gu Seoul Metropolitan Government, and the victims are the above school students under the direction and supervision of the defendant.
The Defendant committed an indecent act against the juvenile victims by force over a total of 22 occasions between March 2018 and April 2018, including writing and rhyming the head of the Victim E (Woo 2) at the above school broadcasting room on about two occasions. From March 2017 to April 2018, the Defendant committed an indecent act against the juvenile victims by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with respect to F;
1. Each fact-finding certificate (the sequence 3,5 of the evidence list);
1. Application of Acts and subordinate statutes to a report on investigation (a confirmation as a juvenile of the victims);
1. Article 7 (5) and (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which provide for the relevant legal provisions and the choice of punishment for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. 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 first offense of the Defendant is not committed against an unspecified victim who does not know the offense of the instant case, the sentence of imprisonment to the Defendant, the registration of personal information, and the order to attend a sexual assault treatment program is expected to have the effect of preventing recidivism, and other circumstances such as the Defendant’s age, age, environment, family relationship, social relationship, the risk of recidivism, the characteristic of the instant crime, characteristics of the instant offense, the effect of preventing sexual crimes that may be achieved by the disclosure order or notification order, the effect of protecting the victims, and the disadvantages and anticipated side effects of the Defendant therefrom.