2019Gohap117 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Compulsion)

A

The court below's decision (prosecution) and the court below's decision (trial)

Law Firm Onnurinuri

[Defendant-Appellee]

April 24, 2020

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 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.

For each five years, an employment restriction shall be issued to the accused at child and juvenile-related institutions, etc. and welfare facilities for persons with disabilities.

Criminal facts

The defendant is a English teacher of Cmiddle School in Ansan-gu, Mayang-si, and the victim D (one year old, one year old, and fourteen years old) is a student of the above school.

피고인은 2019. 6. 20. 17:00경 위 학교 3층에 있는 영어교실에서 보충수업을 하던 중, 혼자 남은 피해자에게 마사지를 해주겠다며 피해자의 어깨를 주무르다가 피해자의 상의와 브래지어 안으로 손을 넣어 피해자의 양쪽 가슴을 주무르고, 계속하여 손으로 피해자의 허벅지를 만지고, 치마 속 팬티 안으로 손을 넣어 피해자의 성기를 만지고, 피해자에게 입을 맞추고 혀로 피해자의 입술을 핥았다. 이로써 피고인은 아동·청소년인 피해자를 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D (alias) and E;

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, Selection of Imprisonment

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

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 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 first offender of this case, suspension of imprisonment, suspension of the execution of an order to attend a course and restriction on employment, and registration of personal information alone seems to have the effect of preventing recidivism. In addition, considering the defendant's age, character and behavior, environment, details of the crime in this case, degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure or notification order, prevention of sex crimes subject to registration that may be achieved, and effects of protecting victims, there are special circumstances where personal information shall not be disclosed or notified).

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Reasons for sentencing: Imprisonment with prison labor for a period from one year to 15 years;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] The general standard of the crime of indecent act by indecent act (subject to the age of 13 or more) is prescribed (type 2) by blood relatives, indecent act by indecent act such as residential intrusion/special indecent act by indecent act.

[Special Convicts] Reductions: Non-Punishments

Aggravations: Crimes committed by persons obligated to report or employees in protective facilities.

[Recommendation and Scope of Recommendation] Reduction Field, Imprisonment from one year to two years [including indecent acts by deceptive means and force against juveniles (including indecent acts by indecent means and force against juveniles) are included in Category 2, but the upper and lower limit of the scope of sentence shall be reduced to 2/3];

3. Determination of sentence: The crime of this case, one year and six months of imprisonment, and two years of suspended execution, is committed by the Defendant, who is a teacher, by compulsion of a third party he/she committed at a school, and the nature of the crime is not good, and seems to have adversely influenced the formation of the sexual values of the victim, who is a child or juvenile. This is not only an act against the student's trust in the educator, but also an act against the victim's considerable mental impulse and pain, and the victim is not easily cured, etc.

On the other hand, the fact that the defendant led to the crime of this case and reflects the depth of the defendant, the first offender, and the payment of KRW 50 million to the victim, and the agreement with the victim is reached is favorable to the defendant.

In the above circumstances, the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime of this case, etc. shall be determined as ordered by taking comprehensive account of various sentencing conditions as shown in the instant case.

Registration of Personal Information

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

The presiding judge, the senior judge;

Judges Conciliation Exchange

Judges Park Jae-young