2017Gohap57 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, etc.)

A

The highest court (prosecution), the milk or the public trial

Attorney B

September 8, 2017

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

The defendant shall be ordered to take a 40-hour course for sexual assault treatment and provide community service for 80-hour hours.

Criminal History Office

The Defendant operated the “D” private teaching institute in Chuncheon City C, and the victim E (the age of 16, female) was a private teaching institute student of the said private teaching institute. The Defendant was willing to commit an indecent act against the victim by using the victim’s well-being.

At around 17:00 to 18:30 on June 19, 2016, the Defendant said that it is difficult for the Defendant to avoid the victim during the class, and said that the victim would be informed of the method of strawing to the Defendant, and that the victim’s shoulder, who is fluent on his/her face, was in charge of the victim’s shoulder, and fluort the victim’s fluort with his/her hand, was divided into the upper part of the chest of the victim.

In addition, from that time until July 5, 2016, the Defendant committed an indecent act against the victim who is a child or juvenile by force, such as the list of crimes in the attached Table, at least six times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

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, Article 298 of the Criminal Act, and the choice of imprisonment, respectively.

1. Aggravation for concurrent crimes;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act

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. Social service order;

Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 62-2 of the Criminal Act

1. Exemption from an order for disclosure and notification;

1. Reasons for sentencing on the grounds of sentencing, in full view of the following: (a) 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 fact that there is no criminal history against the defendant; (b) the registration of personal information and the participation in the sexual assault treatment course can be expected to a certain extent to prevent recidivism; and (c) the defendant’s age, social ties relations; (d) profits and preventive effects expected from disclosure or notification orders; and (e) disadvantages and side effects arising therefrom; and (e) the disclosure or notification of the defendant’s personal information; and (e) the scope of punishment under law: Imprisonment with prison labor for

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

A. Sentencing Criteria for each crime of this case

[Scope of Recommendation Form 2 (Indecent Act by Indecent Act by Indecent Act/Special Indecent Act by Indecent Act by Indecent Act by Indecent Act/Special Indecent Act by Indecent Act by Indecent Act by Indecent Act/Indecent Act by Indecent Act)) is to be mitigated (1 year and 2 years) on the general standard of indecent act by indecent act by indecent act by juveniles (including deceptive act

[Special Mitigation] Ad hoc Inspector

(b) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for a period of between one year and three years and eight months; the scope of revised recommended punishment: two years to three years (the lowest limit of the recommended punishment based on the sentencing guidelines is lower than the lower limit of the applicable sentencing range in law, and accordingly the lower limit of the applicable sentencing range in law shall govern); and

3. Determination of sentence: Imprisonment with prison labor for a period of two years, and suspended execution for a period of three years is not good if the defendant committed an indecent act against the victim several times, even though he/she is responsible for educating and protecting the victim who is a student of a driving school who is under the age as an instructor of a driving school: Provided, That the fact that the defendant agreed smoothly with the victim, that the defendant was the initial offender, and that the defendant discontinued his/her driving school and made efforts to eliminate the likelihood of recidivism by closing down his/her driving school, etc., the above circumstances and other circumstances, including the defendant’s age, character and behavior, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, etc., shall be determined as the sentence as set forth in the Disposition,

Registration of Personal Information

Where a conviction becomes final and conclusive against a defendant, the defendant is a person subject to registration of personal information under 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 agency pursuant to Article 43 of

The presiding judge is the presiding judge.

Judges Ish Jeong-hee

Judges Park Jae-young