Defendant shall be punished by imprisonment for not less than two years 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.

Punishment of the crime

The Defendant, from around 2013 to February 2, 2017, operated a public book room teaching education, etc. for elementary school students and middle school students in the apartment complex located in Leecheon-si B. The victim C (tentative name, leisure) was a student who was not in the above public book room from the end of 2014, and the Defendant, who was under the protection and supervision of the Defendant’s private book, committed an indecent act against the victim by force, using the fact that the victim did not easily refuse the Defendant’s demand.

In 2015, the Defendant wanted to look back to the victim (the age of 12 at the time) at the ward in the front of his school (the age of 12).

“The victim committed an indecent act with the victim’s dancing in line with the victim and by force by arms.”

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Each recording recording of the crime of indecent act by force against a person under the age of 13 under Article 7(5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is to protect the legal interests of “the rights and interests of children under the age of 13 to form sexual identity and values without any psychological impediment in the absence of an inappropriate sexual stimulation or physical power from the outside.”

Here, the term "power" means a force sufficient to suppress the victim's sexual free will, which is neither tangible nor intangible, nor may it be used not only as violence or intimidation but also as a social, economic, political status or power of an offender.

In addition, whether an indecent act was committed by force should be determined by comprehensively taking into account various circumstances, such as the details and mode of the specific act committed against the victim, the content and degree of the act committed against the victim, the status of the offender who used it, the type of the victim, the age of the victim, the relationship between the offender and the victim before the offender, the degree of violation against the victim's excessive pressure and sexual freedom, and the circumstances at the time of the crime (see