(영문) 서울중앙지방법원 2017.9.12. 선고 2017고합256 판결

Of the facts charged in the instant case, the Defendant is not guilty of violating the Child Welfare Act as stated in the separate sheet Nos. 3 and 19.

The summary of the acquittal part in this judgment shall be publicly notified.

Reasons

Criminal facts

Defendant and the person subject to a request for attachment order (hereinafter referred to as “Defendant”) are those who were elected in the new Esscopic City of Escopic City of Escopic City of Escopic (hereinafter referred to as “Defendant”) and published a Si house of Escopic (F, G, H, etc.) from March 2008 to November 201, 203, who work as a teacher in charge of creation theory and practical skills, and counseling at the time of entry.

The ○○ Arts High School is a special purpose high school of art department composed of literature creation, performance, dance, visual art, music, and music. Among them, 10 students are divided into A, B, C, and D without a major, and 10 students study the basic theory for literary creative techniques without a major, and when promoting the second year, 10 students are organized into A, B, small A, and B, and 3 years selected by the Si or small major, and 2 years for the same major teacher without a major change by 3 years. The Defendant, as a teacher in the major major of the Si creation subject, was a teacher in the Si creation subject, directed the Si students to prepare for creation and entry at the time, and provided individual guidance to some students of B, and sub-A and B.

The victims of the instant case were students who received the Defendant’s instruction from ○ Arts High School from 2011 to 2013 (the third year). The victims and students of 00 art high schools, including the victims, enter universities through occasional screening (80% to 60% of the actual evaluation rate, and 40% to 20% of the student portion) such as college literature specialized skills, special screening, etc. For this purpose, the victims were able to enter universities only with the Defendant’s experience in the field of literature creation, such as the Republic of Korea, region, and the white day for university promotion. In order to award the prize, the Defendant’s instruction, which is the practical teacher, was very important for the award of the prize, and the Defendant’s instruction, which is an occasional support or the opening of literature creation competition, was requested by the faculty members, and there was a considerable number of victims to easily refuse the Defendant’s request when there was a limited number of victims recommended by the practical teacher.

In addition, the defendant had had the influence of the defendant in the literature and literature as well as the defendant from time to time on the victims of ordinary school from time to time, "I do not have any person who is unable to reach the college." There is no person who can properly teach this writing, and it is better for the defendant to learn more than the professor of the college. There is a lot of persons who operate a social team for not only high school students but also college students and adults, and who are going to know in the literature and the press." The victims had the influence of the defendant in the literature and literature as it is difficult to resist the defendant's demand as the victims have ultimately desire to make a part of literature and literature.

1. The part concerning the crime of sexual intercourse and indecent act

(a) Crimes against the victim J;

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

At around 13:00 on the first day of August 2012, the Defendant found the Defendant’s body before an officetel used by the Defendant at K below the Seoul Metropolitan Government K as a creation room, and completed the core meals to the Defendant, and the Victim J (hereinafter the age of 17) who was moving to the Defendant after completing a short time instruction for the practical skills of creation in the city was suffering from the short bombs, and the Defendant said that “the first day of the death? The life of the passenger is bomb, so that the life of the passenger would be brud,” and said, “the victim’s body was frightd with the Defendant’s body and boomed with the Defendant’s body, and frightd with the victim’s hhyd with his hand, led the victim to force the Defendant to force the Defendant, who is a child or juvenile.

2) Indecent acts by compulsion

피고인은 2014. 5. 26. 01:00경부터 같은 날 02:00경까지 사이에 서울 종로구 L에 있는 피고인이 창작실로 사용하던 주택(이하 '창작실'이라고 한다) 내 거실에서 피해자 J(여, 18세)의 뒤로 다가가 "너 가슴이 되게 예쁠 것 같다. 만져 봐도 되냐"라고 하고 피해자가 뒤로 돌자 갑자기 양손으로 피해자의 양쪽 가슴을 움켜쥐고 만졌다.

계속하여 피고인은 침실로 들어가 피해자에게 침대에 눕도록 시킨 다음 피해자의 뒤에 누운 상태로 갑자기 피해자의 상의 안으로 손을 넣어 가슴을 주무르며 만지고 손가락으로 피해자의 젖꼭지를 비틀며 만져 피해자를 강제추행하였다.

(b) Crimes against victims M;

1) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts such as Fraudulent Means)

피고인은 2013. 3. 1. 18:00경 창작실 내 서재에서 흔들의자에 무릎을 끌어안고 앉아있는 피해자 M(여, 17세)에게 "나는 너의 가장 예쁜 시절을 갖고 싶다"라고 하면서 갑자기 손으로 피해자의 목덜미를 잡고 움직이지 못하게 한 뒤 피해자의 입술에 입을 맞추고 계속하여 피해자의 손을 잡고 침실로 데려간 다음 "친구들한테 네 가슴이 굉장히 예쁘다고 들었다. 한 번만 만져보면 안되냐"라고 하면서 피해자의 상의 안으로 손을 넣어 피해자의 양쪽 가슴을 쓰다듬듯이 만지고 피해자의 젖꼭지를 비틀며 만져 교사로서의 지위를 이용하여 위력으로 아동·청소년인 피해자를 추행하였다.

2) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (compact, etc.)

A) On March 4, 2013, the Defendant: (a) at the bed room in the creation room, the Defendant: (a) stated, “I will blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick

B) On March 9, 2013, the Defendant: (a) had sexual intercourse with the victim at the ward in the creation room, and (b) had the victim’s following the victim’s M (n, 17 years old); (c) had the victim’s sexual intercourse with the victim who was a child or juvenile, and had the victim’s sexual intercourse with the victim who was a child or juvenile by force by taking advantage of his/her status as a teacher.

C) From March 14, 2013 to March 31, 2013, the Defendant: (a) had sexual intercourse with the victim M& (here 17 years of age) at the bed room in the bed room in the bed room in the day-to-day space from March 14, 2013 to March 31, 2013; and (b) had sexual intercourse with the victim, who was a child or juvenile, one time by force, by taking advantage of

D) On March 30, 2013, the Defendant: (a) stated that “Masan Pream on March 30, 2013,” on the date on which the 17th anniversary of the opening date, the Defendant had sexual intercourse with the victim who was a child or juvenile by force using his/her status as a teacher, with the victim’s sexual intercourse, who was the victim who was the victim’s victim (here 17 years old, who was the parent-child late, was self-employed at the home with a thickness-friendly thickness; and (b) said the victim was the victim who was refused

E) On July 2013, 2013, the Defendant, at the bed room in the bed room at the end of the week at the bed room at the end of the end of the week, expressed that “I would like to see today’s color.” On the part of the victim, the Defendant continued to place the victim’s sexual organ in the bed of another victim’s body who was going on the body of the victim and continued to have sexual intercourse once with the victim, and by force, had sexual intercourse with the victim as a child or juvenile by taking advantage of his status as a teacher.

F) Around August 17, 2013, the Defendant, at the ward in the creation room, committed sexual intercourse with the victim M(n, 18 years old 2) by force using his/her status as a teacher and having sexual intercourse with the victim’s child and juvenile, saying “I am off the clothes and immediately be able to engage in sexual intercourse without being able to get off his/her clothes. I am am me to see the quality and back of the width.”

3) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Quasi-rape)

On March 31, 2013, the Defendant had sexual intercourse with the victim by taking advantage of the victim’s failure to resist, taking advantage of the victim’s body located above the body of the victim M(M, 17 years of age) one time after committing the crime described in paragraph (2) at the bed room in the am creation room.

1) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts such as Fraudulent Means)

Around September 7, 2013, the Defendant stated that “breners shall interfere with the operation of internal medicine,” to the victim N (the age of 17; hereinafter the same shall apply) in his/her ward in the creation room, and that “breners shall retire to go beyond the inner medicine; hereinafter the same shall apply),” and the victim of drinking brecage shall be under the influence of the brue of the brue of the brue of the brue, and the brue of both the brue of the brue and the brue of the brue of the brue of the brue of the brue and the brue of both the brue of the brue and the brue of the brue of the brue, and

2) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (compact, etc.)

A) From September 18, 2013 to September 22, 2013, the Defendant had a victim, who was a child or juvenile, sexual intercourse at one time with another by using his/her status as a teacher, and by force, committed sexual intercourse with another victim, who was a child or juvenile, at a ward in the creation room of a scopic scopic scopic scopic scopic scopic scopic scopic scopic scrising from September 18, 201

B) On December 2013, 2013, the Defendant: (a) committed sexual intercourse with the victim, who was placed in the bed room at the bed room at the bed room at the bed room at the date of the date, and was placed in the bed room; (b) and (c) rejected the victim’s shoulder on one-time basis; and (d) committed sexual intercourse with the victim who was a child or juvenile by force by taking advantage of his/her status as a teacher.

3) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act)

A) On November 2013, 2013, the Defendant: (a) from ○○ Arts High School, the fifth floor of the fifth floor of ○○ Arts High School, the Defendant, on his own hand, made the sound part of the victim N (the age of 17) available as follows; and (b) made the victim, who is a child or juvenile, indecent act by force.

B) On November 2013, 2013, the Defendant: (a) from the fifth floor of the ○ Arts High School on the fourth floor of the ○○ Arts High School, the Defendant, on his own hand, by using the sound of the victim N (the age of 17) as follows; and (b) committed indecent act by force against the victim, who is a child or juvenile.

C) Around May 2014, the Defendant: (a) in a space located in the creation room, the Defendant, while communicating with the victim N (the age of 18) and the victim N (the age of 18), kept the fingers under the center of the victim himself, and led the victim, who is a child or juvenile, to indecent act by force.

(d) Indecent acts by compulsion against the victim0;

1) On April 1, 2014, the Defendant: (a) from around 12:00 to around 13:00 of the end of the week at the creation room, opened the front door to both arms and opened the front door; and (b) subsequently, the Defendant: (c) opened the front door to the front door; (d) opened the front door to the front door; and (e) opened the victim’s back to the front door on the side of the west door, the Defendant ran the victim’s neck back to one arms; and (e) opened the victim’s neck on the other side.

피고인은 계속하여 피해자에게 "넌 가슴, 보지 모양이 예쁠 것 같다. 지금은 성경험이 없지만 하면 좋아할 것 같다. 크기보다는 모양이 중요하다. 너 가슴 만져도 되냐"라고 하고 이에 피해자가 놀라 "네?"라고 대답하자마자 갑자기 피해자의 상의 안으로 손을 넣어 가슴을 주물러 만져 피해자를 강제추행하였다.

2) On June 25, 2014, the Defendant: (a) committed indecent act by force by force against the victim (hereinafter, 18 years old), who was seated in front of the table in the creation room, by taking the victim’s left hand by “I see it as a woman; (b) I do not see it as a woman; (c) I see it as a woman; and (d) I see the victim’s body by taking the victim’s left hand and drawing the victim into two arms; and (d) I am the victim’s body and the Defendant’s body.

(e) Indecent acts by compulsion against the victim P;

피고인은 2014. 6. 말경 창작실 내 서재에서 피해자 P(여, 18세)의 뒤에 서서 "쌤 이랑 사귈래? 시 세계를 넓히려면 성적인 경험이 있어야 한다"라고 하면서 갑자기 양손으로 피해자의 목을 감싸 안고 피고인의 발기된 성기를 피해자의 하체에 접촉시켜 피해자를 강제추행하였다.

2. Part on violation of the Child Welfare Act

On 2011, the Defendant reported that Q Q (the age of 15) from the corridor of the ○○ Arts High School (hereinafter referred to as “○○○○ High School”) was friendly and friendly, and that “The Defendant committed sexual abuse, such as sexual harassment, which causes sexual humiliation to the victims of children, over 17 times, from around that time until around that time until around that time, from that time to around that time, 2013, as indicated in the No. 1, No. 2, No. 4, and No. 18 of the List of Crimes No. 2013 to that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J, M, N,O, P, Q, S, T, U, and V;

1. Each prosecutor's statement concerning M and N;

1. Each police protocol of statement against J, M, N,O, P, T, U, and V;

1. Each self-written statement of Q and S production;

1. Reports on internal investigation (such as an interview with the principal and vice-principal of the 000 advance notice, and data related to the suspect, attachment of school photographs, and investigation report (Characteristics of the 00 art high school);

1. A criminal investigation report (related to W and monetary investigation of witnesses), a criminal investigation report (related to X and monetary investigation of witnesses), and a criminal investigation report (related to literary creation of a witness, pre-existing chief teacher, Y and monetary investigation);

1. Resumes, a letter of self-introduction, a written employment contract for specialized teachers, and a contract for employment of contract teachers (part-time lecturers);

1. A place for surveys on the satisfaction of parents' satisfaction, such as ○○ Arts High School's school uniforms, photographs, entrance lectures, etc. (2013), copies of ○○ Pre-Announcement List of Students, etc., literary creation, class hours table with one-third major class, student satisfaction table, and student satisfaction table;

1. Screenings of literary creative reporters and occasional admission screenings by university or college;

1. Two dialogues (suspects and AA);

1. ○○-to-door photographs, and photographs of the suspect's creation cell around the suspect's creation room; and

Judgment on the argument of the defendant and defense counsel

1. The part concerning the crime of sexual intercourse and indecent act

A. Summary of the defendant and his defense counsel

1) 피고인은 학생들에게 권위를 내세우며 무슨 권력을 행사하거나 문단 내에서의 영향력을 과시하지 않았고, 오히려 일부 학생들이 피고인에게 장난을 치거나 '시집 내고 활동 좀 하세요'라며 채근하는 것은 물론 간지럼, 팔짱, 포옹 등을 수시로 하고 또래 친구처럼 대하기도 할 정도로 격의 없고 매우 친근한 선생님으로서 재직하였으며, 학생들이 피고인에게 복종하고 잘 보일 특별한 이유도 없다. 피고인의 부적절한 행동이나 성폭행에 대한 나쁜 소문이 학교 내에 형성되거나 피해 신고에 따른 학교 차원의 조치, 징계 등이 이루어진 적도 없었다. 일부 학생들은 졸업 후에도 피고인의 창작실을 자주 방문하였고, 창작실에서 파티를 하고 피고인과 식사와 차, 나아가 술과 담배도 같이 하면서 놀기도 하였으며, 창작실에서 잠을 자고 간 학생도 있었는바, 피해자들이 한결같이 주장하는 피고인의 권력이나 폭력, 피고인에 대한 의존, 두려움은 실체가 없는 것이다.

2) Under the agreement with the victim N, the Defendant was less likely to engage in sexual intercourse and sexual intercourse, but the Defendant did not commit each sexual crime against five victims, as described in paragraph (1) of the facts charged.

B. Relevant legal principles

1) In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall assess the credibility of the statements, as well as whether the contents of the statements themselves conform to the rationality and logical inconsistency or rule of experience, or conforms to the statements made by the third party, and as well as whether the statements made by the victim, etc., such as the appearance and attitude of the witness who is taking an oath before a judge, and the penuation of the statements made by the witness in the open court, which are difficult to record, by directly observing various circumstances that make it difficult to record. In a case where the statements made by the witness, including the victim, correspond to the facts charged, are generally consistent and consistent with the facts charged, they shall not be rejected without permission, unless there is any separate evidence to deem the credibility objectively acceptable (see, e.g., Supreme Court Decisions 2012Do2631, Jun. 28, 2012; 2010Do7403, Sept. 9, 2010).

2) The crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse is a sexual intercourse with or indecent act against a child or juvenile by deceptive means or by force. In this case, the term "defensive force" refers to the ability sufficient to suppress the victim's free will. Since it is not tangible or intangible, it is possible to use the social, economic, and political status or authority of the offender as well as assault and intimidation. Whether a person has sexual intercourse with another by force or indecent act has been committed shall be determined by comprehensively taking into account all the circumstances such as the content and degree of the tangible power exercised, the type and degree of the victim's status or authority, age, relationship between the offender and the victim prior to such act, the circumstances leading to such act, specific form of act, and circumstances at the time of the crime (see, e.g., Supreme Court Decisions 2004Do5868, Jul. 29, 2005; 2007Do1416, Feb. 15, 2008).

3) Meanwhile, the crime of indecent act by compulsion includes not only the case where an indecent act is committed after the other party makes it difficult to resist by means of assault or intimidation, but also the case where the assault itself is deemed an indecent act (hereinafter referred to as "act of indecent act"). In such a case, an indecent act does not necessarily mean an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringes on the victim's sexual freedom. Whether it constitutes an indecent act shall be determined with careful consideration of the victim's intent, gender, age, relationship between the perpetrator and the victim before the act, circumstances leading to the act, specific form of act, objective situation, and sexual moral sense of the time (see, e.g., Supreme Court Decisions 201Do2417, Apr. 26, 2002; 2015Do6980, Sept. 10, 2015; 2015Do25254, Feb. 25, 2015).

C. Determination

In full view of the following facts admitted by the evidence duly adopted and examined by the court and circumstances revealed from the above facts, it is recognized that the Defendant committed a series of sexual crimes, such as indecent act by force, indecent act by force, quasi-rape, etc. against the victims as stated in paragraph (1) of the facts charged.

1) The credibility of the victims’ statements

In light of the following facts and circumstances, each statement by the victim J, M, N, P, and P, corresponding to each sexual crime described in paragraph (1) of the facts charged, can be fully recognized as credibility.

가) 피해자 J(시 A반), M(소설 A반), N(시 B반), (소설 A반), P(시 A반)은 모두 00 예술고등학교 문예창작과 이기 졸업생으로 한 때는 가르침을 받았던 선생님인 피고인에 대한 형사사건의 진행 과정에서 자신들의 신원이 특정되고 외부에도 널리 알려질 수 있는 가능성을 배제할 수 없고 수치스럽고 부끄러운 성폭력범죄의 내용임에도 불구하고 수사기관에 출석하여 진술한 것은 물론, 피해자들이 고교 시절부터 등단을 꿈꿔왔던 문단 내에서 받을 수 있는 불이익이나 성폭력 피해사실 및 신원의 공표 등으로 인한 2차적 피해에 대한 우려와 두려움을 감수하고서도 이 법정에 모두 출석하여 피해사실을 다시 한 번 구체적으로 상술하였는바, 피해자들의 진술의 진정성은 충분히 담보되어 있다고 할 것이다.

B) The victims tried to make a full and concrete statement within the scope of memory of each crime. In particular, during the Defendant’s speech and behavior, they did not experience in itself, and they made a relatively rushous statement as to the very hot content (the victim N did not notify the parents of the fact of damage. The victim N did not notify the parents of the fact of damage). It is difficult to view that there is a falsity in the core fact of damage, such as the facts stated in each crime of paragraph (1) of the judgment that the victims consistently stated.

Furthermore, the victims made relatively consistent statements at the time of the commission of the crime, such as creation room or school, the background leading up to the Defendant at the time of the crime, the reputation of the victim, the response or response of the victim, the dialogue with the Defendant after the commission of the crime, etc. The victims’ statements are considerably detailed, but there are many difficult parts to make statements without direct experience from the nature, and even if the victims’ attitude to make a very serious statement in this court, they do not seem to have made false statements in bad faith. In particular, the victims’J included the victim’s statements in K Creation, AB photographs, and clothes received at the time, and the circumstances where the Defendant was placed at the time of the commission of the crime (the victim’s J. 1,10, 11), the victims’ M and N included the victim’s specific sexual harassment, the victim’s physical testimony, and the victim’s physical testimony (including the victim’s recording date and the victim’s physical testimony) in detail at the time of the crime, and it is difficult to find out any other specific background or content of the Defendant’s testimony.

C) In addition, the victims themselves stated that they had no choice but to be affected by the Defendant in school life, and that they had a position and authority that could have positive, negative, or negative impacts on the Defendant’s entrance time of university and future work, and that they have endeavored to form a good relationship with the Defendant who is biased to students. In other words, the victims believed that there was a good outcome and influence on the Defendant’s students in front or in his entrance, “the Defendant believed that there has been 4 years and influence within the original sentence, “the Defendant 4 days”, “the Defendant thought that there was a pro-Japanese and influence with the Defendant, 6 days, 4 days, 6 days, 6 days, 5 days, 4 days, 6 days, 5 days, 4 days, 5 days, 4 days, 5 days, 4 days, 7 days, 5 days, 5 days, 4 days, 5 days, 4 days, 5 days, 7 days, 4 days, 6 days, 5 days, 6 days, 4 of the witness’s testimony and 4.

D) The details of the victim’s statement reveal that there was a little discrepancy or some exaggerations in the contents of the victim’s statement, it is unreasonable to deny the credibility of the overall statement immediately due to such circumstance, and there is a need to evaluate the overall credibility of the statement centering on the core contents of the statement. In particular, the victims’ statement contents and attitude of the victim’s statement include emotional factors such as the limit of memory following the lapse of time, mental shock caused by sexual crimes, unstable psychological state about the progress of a comfortable criminal case, the Defendant’s network, decentralization, and numerical indecent behavior, etc., as well as a somewhat arbitrary and arbitrary response to the victims’ self-recognating that there was an error in the victim’s sexual indecent act, etc. In addition, it is difficult to view that the victim’s statement was partially sworn, somewhat exaggeration, and silent of some factual relations due to the above factors, and it is difficult to view that it is a degree to impair credibility as it was attributable to the victim’s key factors, and it has been consistent with this part of the investigation agency’s statement.

E) Other victims do not find any circumstance in which they wish to harm or gain any profit by a false report by gathering the Defendant. In addition, it is sufficiently recognized that the credibility of the victims’ statements is sufficiently recognized in light of the following: (a) the consistency and rationality of the victim’s statements; and (b) the circumstances consistent with other evidence, such as the third party’s statements; and (c) the degree and attitude of the victims’ testimony, such as the serious attitude in which the victims tried to make their memory in this court; and (d) the penance of their statements

2) Violation of the Defendant’s sexual freedom by indecent act by force, indecent act by force, quasi-rape, etc.

For the victims who depend on superior status, the defendant committed indecent acts against good sexual morality in the creation room or school, etc., and committed indecent acts, sexual intercourse, and quasi-rape by force by force sufficient force to suppress free will in the creation room, thereby infringing on the sexual freedom of the victims.

A) As appearing in the statements of the victims mentioned above, the victims were in a position that could have a significant impact on the overall school life of the victims and the entrance time of universities, and the victims were in a superior position in the relationship with the victims even after their graduation, and the victims were dependent on the psychological dependence on the victims. Furthermore, the victims do not seem to have been able to teach the statement against the victims as well as those of the victims at the time they take charge of, or have the ability to assist them in, the other side of the record (M. 8 pages of the witness). It seems that they did not seem to have been able to exercise their influence within the long-term period of time, regardless of the defendant's dominant position and psychological dependence on the victim's psychological relationship with the victim's entrance time (M. 8 pages of the witness).

Furthermore, the victim's belief and dependence on the victim's belief and dependence has been formed based on the victim's interest in her age when the defendant had repeatedly accumulated and had no particular doubt about this, and the defendant used the "related factors with such victims" to infringe the victims' sexual freedom, and to gradually circumvent their resistance and resistance. In addition, most of the places where the defendant committed sexual assault in schools or creative centers have committed an indecent act difficult for the victims to expect without any gaps in exercising the victim's right to sexual self-determination, and sexual intercourse or sexual intercourse in the creation room in a situation where the victim was placed at a different level from the school and where the victim was located in a densely-populated area, and where the victim was provided with certain assistance about the academic background and career from the defendant, it seems that the victim's free will is more restrictive and difficult to suppress.

B) The literature creation division consists of 38 members in total (8 members in charge of Si (the defendant), 200 members in Si B (X), 10 members in small A(Y), and 11 members in small B (W). It is difficult to see that there are large number of members of the evidence records 201) or the number of members of the small B (W). These small number of students can enjoy certain consideration and benefit if they are concealed, while it is able to receive disadvantage in school life as well as university entrance and attendance, etc. from the defendant, the victims were able to care and care, and the victims were able to have tried not to be rejected within 'the fence formed by the defendant and the students'. Moreover, the defendant seems to have tried to have more emphasis on the victim's 3th day of school violence (the victim's 4th day of school violence) and the victim's 4th day of his or her family, and the victim's 3rd day of his or her family, and the victim's 4th day of school violence (the victim's 3th day of school violence).).

C) In a situation where there exist considerable special factors, the Defendant committed an indecent act against the victims, along with the words to the effect that the victims would be ‘(physical injury) as well as ‘I wish to return' or ‘I wish to return', and the psychological confusion of the victims dependent and dependent on the Defendant was also caused. Furthermore, the victims were suffering from psychological conflicts by being frightened as play in the Defendant’s sexual approach, and they stated that they suffered considerable inconvenience and sexual humiliation.

3) The victims' objections, the absence of affirmative anti-states, and the consent or understanding of the victims

The Defendant denied criminal facts on the basis that the victims did not raise any particular objection to the school, did not form a bad question against the Defendant, and did not resist or raise any problem. However, even if such circumstances exist, the victims cannot be deemed to have consented to or understood that the victims consented to the infringement of the sexual freedom by the Defendant.

A) Most of all, the establishment of a sexual crime is to be determined on the basis of the specific situation at the time when the victim was faced, and it should not be readily concluded that the victim did not reach a sexual crime solely on the ground that the victim was able to escape from the scene of the crime or the victim did not resist with the intent of the victim (see, e.g., Supreme Court Decision 2005Do3071, Jul. 28, 2005). In particular, in light of the situation where the victim, like the instant case, was in a superior position to the victims, and the victim was believed to suffer negative impacts on the academic background or career upon the victim’s decision, and the victim was believed to have suffered negative disadvantages upon the victim’s decision, it cannot be deemed that the victims took the victim’s sexual self-determination by sufficiently exercising his/her right to sexual self-determination.

Furthermore, considering the following factors: (a) the victims and the defendant have been formed in the past; (b) the psychological factors such as the vulnerability and dependence of the victims who appear in the middle of the course of a university admission and the defendant; (c) the environmental factors faced by the victims such as the time and place at the time of the crime; (d) the string between the private places; and (e) the social factors that are difficult to easily provide a considerable numerical sexual crime to the aged women; and (e) other external factors, such as the home ties discovered from some victims, etc., it is sufficiently acceptable to the effect that the victims have not actively informed them of the fact of damage, despite the infringement of sexual freedom, by reliance on their own resistance or at a somewhat passive level; and (e) the victims have failed to notify them of the fact of damage immediately.

B) In addition, even if there are circumstances where the victims sent contact and find a creation room after each crime committed by the Defendant, the victims stated to the same effect that they did not have any problem in the future door without the defendant's escape. As seen earlier, in the process of sexual contact with the Defendant for the first time, the victims suffered psychological confusion without properly communicating the sexual demand as the defendant's watch and the sexual demand, and considering the psychological situation where it is difficult for the victims to publish the Defendant's sexual access in their surroundings and it was difficult for them to publish the victim's sexual position in their surroundings, the victims' statements are fully acceptable.

4) The details of the victims’ report and whether they were false

There is no circumstance to see that there was a false intervention in the circumstances in which the victims reported sexual crimes of the defendant to the outside and outside.

A) The victims seem to have been unable to easily report, file a complaint, etc. against the Defendant, who was the prestigious back on the prestigious part, which had been the prestigious and had been stiged, and had been able to have a considerable psychological burden due to the width of sexual crimes.

나) 한편 피해자들은 피고인의 영향력에 대한 믿음이 옅어지고 점차 교우하는 사람들의 범위가 넓어지면서 차츰 피고인이 피해자들에게 해왔던 발언에 상당한 허위와 과장이 섞여 있다는 사실을 알게 되었고, 성폭력 피해를 입은 제자가 혼자가 아니라 자신 외에도 여럿이 있다는 사실을 인식하게 되자 AH 등과 같은 SNS를 통해 힘을 모아 공동으로 대응하고 있는 이 사건의 전개 과정이 비정상적이라고 보기는 어렵다. 특히 피해자 J, M, N은 자신의 피해사실은 참고 넘어가려고 마음먹은 적도 있었고 피고인과 학생들 사이에서 형성된 일정한 '관계망'을 깨트리고 싶지는 않다고 생각하기도 하였으나, 다른 피해자들의 성폭력 피해를 알게 되면서 도저히 묵과할 수 없게 되었고(이 과정에서 특히 피해자 M은 정신과 치료도 받은 것으로 보인다, 증인 M 녹취서 22쪽), 향후 다른 학생들에 대한 피해도 막고자 형사절차의 진행을 결정하였다는 것으로 특별히 허위사실의 진술을 감행할 만한 사정을 찾기 어렵다(증인 J 녹취서 15, 16쪽, 증인 M 녹취서 11, 20쪽, 증인 N 녹취서 13쪽).

C) The Defendant asserted that the details of the victims’ report are not unreasonable, and did not specifically state the reason why the victims make a false statement, while asserting that the victims’ report is not timely, and only explain to the effect that the victims are forced to leave the Defendant only to a bad person, and only explain some abstract and abstract circumstances, such as water contamination between the victims, and the infertility between the Defendant and the victims, and that all of the five victims’ false statements.

2. The part of the violation of the Child Welfare Act, the defendant and his defense counsel's assertion

Even though a counseling and accusation counter that guarantees confidentiality and accessibility to schools has been established, no particular problem was found, students did not suffer damage or criticize the defendant, and the defendant still remains a good sarbing, and each sexual abuse, such as the attached list of crimes, was considerably distorted or distorted, and the defendant did not commit the above sexual abuse against the victims.

B. Relevant legal principles

In full view of the legislative purpose, basic ideology, and relevant provisions of the former Child Welfare Act (wholly amended by Act No. 11002, Aug. 4, 2011 and enforced on August 5, 2012), sexual abuse prohibited under the former Child Welfare Act refers to sexual harassment, sexual assault, etc. that causes a sense of sexual shame to a child, which may harm the child’s health and welfare or impede normal development, or sexual violence or cruel acts that may hinder the child’s normal development. Whether such act constitutes an act is determined objectively according to sound social norms of the age, comprehensively taking into account the specific circumstances, such as the offender and victimized child’s intent, gender, and age, whether the victimized child has the ability to exercise the right to sexual self-determination, the relationship between the perpetrator and victimized child, the background leading to the act, the specific form of act, and the influence of the victimized child’s personality and mental health (see Supreme Court Decision 2013Do787, Jul. 9, 2015).

C. Determination

The defendant concluded an employment contract with a contract teacher (208 pages of evidence), and worked as an instructor at the ○○ High School for the purpose of harmonious personality development of students. The defendant seems to have been regularly receiving education for preventing sexual harassment conducted by ○○ Arts High School (hereinafter referred to as “the defendant’s physical, mental and sexual violence”) on several occasions with a health teacher, and stated to the effect that he was aware of the fact that he had been able to prevent sexual harassment on the other hand at the time of sexual harassment (45 pages of evidence records). However, it is reasonable to view that the defendant's physical and sexual intercourse with the victim at the time of 200 or 100, such as the victim’s sexual humiliation, and that the defendant's physical and sexual intercourse with each other (such as 4.0 p.m., 2.00 p., 4.00 p.m., sexually f., sexually f., sexually f., sexually f., and sexually f., f.

1) No. 1 (victim Q)

The victim Q made a consistent statement that the defendant tried to see the harmony with another story by making a numerical scam and disscam. However, the defendant made a panty statement that 'panty' was sent to the defendant (Evidence Nos. 265) and M also made a statement that the defendant was scam and was scambling (Evidence Nos. 102, 103, 794) and 2 (victim M) Nos. 102, 103, 794) of Nos. 2 (victim M) of the Nos. Da and deductible expenses, while the defendant made the statement that 's statement was too play (Evidence Nos. 101, 101) and the defendant made the statement that 's statement was 6) of the statement that he was scambling (Evidence No. 96).

In addition, as examined later, the defendant's act of referring to "the defendant's act of referring to the loss of students and 'the chest and see' can be seen as repeated.

3) 순번 제4번(피해자 Q) 피해자 Q은 'AC과 서로 간지럼을 태우거나 장난을 칠 때 피고인이 저희 곁을 기웃거리며 불순한 의도가 섞인 질문을 하곤 했다, 그러면서 저희가 장난치는 것을 끈질기게 지켜보았다'고 진술하였고(증거기록 266쪽, 증인 Q 녹취서 1, 9쪽), 나아가 이와 관련한 피고인의 발언은 일회성이 아니라 여러 번 반복되었으며 "(피고인이) 너무 의도가 뻔한 그런 질문을 하니까, 제 입장에서는 기분이 나빴던 것 같습니다"라고도 진술하였다(증인 Q 녹취서 8, 10쪽).

4) 순번 제5번(피해자 P) 피해자 P은 영화 '은교'가 개봉할 때3) 쯤 학생들 사이에서 은교 얘기가 나왔는데 피고인이 당해 발언을 하여 당시 "싫고, 기분 나빴어요"라고 진술하고(증거기록 60, 61, 222,223쪽) 이와 유사한 발언이 다른 장소에서도 반복되었다는 취지로 진술하였다(증거기록 69쪽). 한편 피해자 P은 당시 T, S이 위 발언을 들었다고 진술하였는데, T역시 2012. 4. 즈음 은교에 관한 피고인의 부적절한 발언을 직접 들었다고 하면서 피고인이 '은교 같은 아이를 가르치고 싶다, 은교 같은 아이와 연애를 할 것이다'라는 말을 자주 했고(증거기록 481쪽) 평소 피고인이 부적절한 말을 '매일' 하였다고까지 진술하였다(증거기록 482쪽).

5) No. 6 (victimJ) of No. 5 (No. 145, 146, 301, 302 of the No. 145 of the evidence record, and the victim J consistently stated the present situation in a concrete and consistent manner at the time when the students prepared for the juvenile literature, referring to “A, E, E, E, and E,” the Defendant’s face referred to as “A, E, E, E, E, and E, 1 page of the witness record” (Evidence record).

6) No. 7 (victim M) No. 7 (victim M) was the length of 'W' 'W' 'W' 'W' and 'W' 'W' 'W' 'W' 'W' 'W' 'W' 'W' and 'W' 'W' 'W' 'W' 'W' 'W' 'W' 'W' 'W' and 'W' 'W' 'W' 'W' 'W' 'W' 'W' 'W' 'W' 'W' 'W' and 'W' 'W' 'W' 'W' 'W' 'W' Do' Y

7) No. 8 (victim S, T)

Not only the victim S, T in common (Evidence Records 271, 478, 479), P,O, and J also make a statement corresponding thereto (Evidence Records 69, 182, 263, 305), 9 (victim S) Nos. 69, 182, 263, 305), and 8) statements as follows (Evidence Records 69, 182, 263, 305), and 9 (victim S) statements as follows: “When you look back or use a Si on a specific city, kne and kne were kne were kne were kneed.” (Evidence Records 273), the circumstances and circumstances of the Defendant at the time together with the Defendant at the time are relatively detailed (Evidence Record 4, 5, 6).

9) No. 10 (victim J)

In addition to the Defendant’s statement, the Victim J stated the background information, such as the Defendant’s statement at issue, the background background of the back-to-date, the original test that the Defendant was seated, the timeline that the Defendant considered the victim J’s sleep, and T’s reference to the witness (Evidence Record 142, 143, 307 pages), and P made a statement corresponding thereto (Evidence Record 69 pages).

10) The victim N No. 11 (victim N) made a statement that she saw it together with J and P, and that the Defendant took the floor (Evidence No. 78). The victim N made a statement to the effect that the content of the statement itself is difficult to see, and the victim N made the statement to the effect that the Defendant’s statement is bad and disasy (No. 4 pages of the witness N).

11) No. 12 (victim M) No. 12 (victim M) stated that the Defendant Dabling a horse when he/she gets off the school plan on the mixed corridor, and that the Defendant Docked off the knife that the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife that knife knife knife knife knife knife knife knife knife knife knife knif

12) No. 13 (victim P) No. 13 (No. 69,223-225 of the evidence record, witness P, witness P recording 2,10, and 11) stated that Q was able to frequently frequent the corridor, and that the defendant was able to see that Q her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hers

13) No. 14 (victimJ)

The victim J consistently stated that the defendant stated that the defendant "I am sees the amount of the student's deductible expenses," and that "I am sees the defendant's statement as "I am see the amount of deductible expenses" (Evidence Records 146, 158, 301), and that P was the same at the time (Evidence Records 146 pages), P also made a statement corresponding thereto (Evidence Records 69 pages).

14) 순번 제15번(피해자 N) 피해자 N은 'X 선생님, AD, AE, 그리고 제가 있는 앞에서 갑자기 당해 발언을 하였고, 그 이야기를 듣는데 기분이 나빴어요'라고 진술하였고 이에 관한 진술은 일관되어 있으며(증거기록 79쪽, 증인 N 녹취서 1쪽), 당해 발언을 들은 당시 정황을 구체적으로 서술하고 있어 신빙성이 높다고 할 것이다.

15) No. 16 (victim N) stated that the victim N explained about the act at the time, along with the circumstances in which the defendant and the two were faced with the defendant's vehicle at the time, and the situation in which the defendant and the two were faced with the creation room, and that such act was considerably frequent, and that "at the time, the victim N made a statement to the effect that "at the time, it was not good and good that she was deprived of her

(Evidence Records 81, 82). On the other hand, the J also stated that the Defendant 's act was flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flick.

16) The victim Nos. 17 (victim 0) No. 17 (victim 17) stated that the defendant was knee and knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee, and that the defendant was hnee knee knee knee knee knee knee knee knee knee kle, and that "sle knee knee knee knee knee knee fe sle kle sle sle sle sle sle sle sle sle sle sle sle sle sle."

17) No. 18 (victim Q) of No. 18 (victim Q) stated that "the victim Q was in her uniformed, and the defendant gave rise to the loss from the corridor window." The defendant stated that "the defendant was given a hand without any doubt, and the defendant made the relevant speech while taking the hand over the hand," and that "the defendant was not able to show the losses without permission for the other person's test." The defendant stated that "packs are only a man who is only a man, such as garbage," and that "the reason why he or she is unsatisfy and numerical satisfying so far." At the time of the victim's statement that "the reason why he or she is unsatisfying so far, it is hard to say that the defendant's clothes other than the victim's speaking, mentioned together in addition to the victim's words, and therefore, the application of Acts and subordinate statutes is high credibility (Evidence No. 265).

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. The point of livering child or juvenile power

Article 7(5) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply); Articles 12-2 and 22(2)2 (a) through (d) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply)

Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 18 and Article 34 (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse [Article 1-2 (e) and (f) of the Act on the Protection of Children and Juveniles against Sexual Abuse], Article 1-34 (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (3)

Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse]

B. The point of quasi-rape of children and juveniles

Article 7(4) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse; Article 299 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012); Article 12-2 and Article 22(2)2 of the former Act on the Protection of Children and Juveniles against Sexual Abuse [Article 1-2 of the former Act on the Protection of Children and Juveniles against Sexual Abuse ]

C. Points of indecent act by compulsion by children and juveniles

Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Articles 12-2 and 22(2)2 of the former Act on the Protection of Juveniles against Sexual Abuse [Article 1-1(a) of the former Act on the Protection of Children and Juveniles against Sexual Abuse]

Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Articles 18 and 34(2)2 [Article 1-3(a) and (b) of the Act on the Protection of Children and Juveniles against Sexual Abuse]

Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act [Article 1-3(c) of the Act on the Protection of Children and Juveniles against Sexual Abuse]

D. The point of committing indecent acts against children or juveniles’ power

Article 7(5) and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Articles 12-2 and 22(2)2 of the former Act on the Protection of Children and Juveniles against Sexual Abuse [Article 1-2 of the former Act on the Protection of Children and Juveniles against Sexual Abuse]

Article 7(5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 18 and Article 34(2)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse [Article 1-c. 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse]

E. Points of indecent act by compulsion

Article 298 of each Criminal Code (Article 1-1(a) and (2) of the Trade Code, Article 1-4(d) and (e) of the Decision, Selection of Imprisonment]

F. Sexual abuse

Article 40 subparagraph 2 of the former Child Welfare Act (wholly amended by Act No. 11002, Aug. 4, 201) and Article 29 subparagraph 2 of the former Child Welfare Act (Attached Table No. 1, 2, 4 through 10, and 10, and the choice of imprisonment)

Articles 71(1)2 and 17 Subparag. 4 of the former Child Welfare Act (Amended by Act No. 11572, Dec. 18, 2012) (Attached Table No. 11 through 17, and the choice of imprisonment)

Article 71(1)2 and Article 17 Subparag. 4 of the former Child Welfare Act (Amended by Act No. 12361, Jan. 28, 2014) (Attached Table No. 184), the choice of imprisonment)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act and Article 1-2(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (Article 1-2(b) of the Act on the Protection of Children and Juveniles against Sexual Abuse)

1. Order to complete programs;

(a) Each of the crimes listed in Section 1-A(1), Nos. 1-b, (2), (e) and (f) of the holding, provided that paragraphs 1-b, (2)(e) and (f) of the holding, and Nos. 1, 2, 4 through 17 of the annexed crime list in paragraph 2 of the holding;

Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

(b) Each crime listed in [Attachment 1-2(b)(e) and (f) of the holding, No. 1-3(c) of the holding, and No. 18 in [Attachment 1-2] of the judgment;

The main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

(c)each of the crimes listed in sub-paragraph (a)(2) of the holding, sub-paragraph (d) and (e) of Paragraph (1) of the holding;

The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Exemption from disclosure order and notification order:

(a) Each crime described in paragraph 1-a. (1) of the holding and paragraph 1-b) of the holding (excluding paragraphs (2)(e) and (f) thereof);

Articles 1 and 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11047, Sept. 15, 201); the proviso to Article 38 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 38-2 (1) of the former Act on the Protection

(b)each of the crimes listed in paragraphs 1-b, 2(e) and (f) of the holding, and 1-3(c) of the holding;

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

(c)each of the crimes listed in paragraphs (a)(2) and (e) of paragraph 1 of the holding;

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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 crime of this case is limited to the defendant's high school who had no record of criminal punishment before being convicted of sexual crimes and has no record of criminal punishment, and only has a special relation to the defendant, such as exercising a certain influence and forming a dependent relationship, etc., and it is difficult to conclude that the defendant has a risk of recidivism or recidivism against an unspecified third party. It is difficult to say that the defendant has a considerable period of time against the defendant, completing sexual assault treatment programs, and registering personal information alone can have an effect on the prevention of recidivism. It appears that the effect on the prevention of sexual crimes, which can be achieved by the disclosure order or notification order, compared to the disadvantages and expected side effects that the defendant suffers, should not be disclosed or notified in full view of the defendant's age, character, home environment, etc.).

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for not less than five years nor more than 50 years; and

2. Scope of recommendations according to the sentencing criteria;

(a) Basic crimes and concurrent crimes: Each crime described in paragraph (1) (e) and (f) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as "compact") and paragraph (c) (2) of the holding;

[Determination of Punishment] 1. General Criteria A, and the punishment of rape (subject to 13 years of age or older)

* Juvenile Rape / Similar Rape (including deceptive schemes, livers/ Similar Rape) is included in Category 2.

[Special Exemplary] Crimes committed by the victims, persons obligated to report, or persons engaged in protective facilities, etc. who are vulnerable to such crimes (each aggravated element)

* Inasmuch as there are more than two special persons, the upper limit of sentence scope shall be increased to 1/2.

[Recommendation Area and Scope of Recommendations] Special Priority Area, Imprisonment for 6 years to 13 months

(b) Scope of majority crimes and final recommendation: The crime of violating the Child Welfare Act for which the sentencing guidelines have not been set for not less than six years, and each crime for which the sentencing guidelines have been set is related to concurrent crimes under the former part of Article 37 of the Criminal Act; therefore only the lower limit of the sentencing guidelines for each crime for which the sentencing guidelines have been set shall be based

3. Determination of sentence;

The Defendant, as the son of a high school, had a duty to educate the victims to form a proper personality, guide the healthy and harmonious physical and mental development of the victims, and protect them from sexual assault or sexual abuse. Nevertheless, the Defendant continued and repeated sexual abuse and indecent conduct against many victims, and committed sexual intercourse several times by force on some victims. However, a minor female who has been able to be respected.

In addition, the victims abused the vulnerable psychological conditions of the victims who believe and are not able to receive the demands of the victims with the aim of attending the university or college, and the victims have caused a huge mental pain and sexual humiliation due to sexual violence and sexual abuse, and each of the crimes of this case seems to be an obstacle to the victims to lead a healthy and happy life with sound sexual identity and values in the future. However, the victims have avoided their responsibility while completely denying the victims' damage, and the victims have been deprived of their lives with bad faith, and have failed to pay any effort to remedy the victims and recover from the victims, and the victims cannot be punished with severe punishment.

However, the Defendant has no record of criminal punishment except for a fine before and after about 24 years, and the Defendant’s efforts to improve the educational background and career of victims or among certain sexual abuse acts, emphasizing the open thinking as a literary person, or emphasizing the level and intensity of expression in the course of students’ overcoming and overcoming and chilling, etc., considering the favorable circumstances in favor of the Defendant, and taking into account other factors favorable to the Defendant, the Defendant’s age and character, environment, motive, background, means and consequence of each of the instant crimes, and the circumstances before and after the instant crimes, etc., and determine the punishment as ordered by taking into account various sentencing conditions in the trial process

Registration of Personal Information

Where a conviction becomes final and conclusive on each crime subject to registration of a sex offense, the defendant is a person subject to registration of personal information pursuant to the following provisions of the Act, and thus is obligated to submit personal information to the competent agency.

(a) Each of the crimes listed in Section 1-A(1) of the holding, Section 1-b (excluding paragraphs (e) and (f) of the holding, but excluding paragraphs (2) and (f)), Section 2 of the holding, set forth in Section 1-2, No. 2, No. 4 through 17 of the list of offenses;

Articles 1 and 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11047, Sept. 15, 201); Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse; Article 5(1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 11556, Dec. 18, 201); Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

B. Article 42(1) and Article 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes of Each Crimes listed in No. 1-A. 2, No. 1-2, No. 1-b. 2, and No. 1-2, No. 1-3, No. 1-3, No. 42-2, No. 18, Dec. 2, 201

The acquittal portion

1. Summary of the facts charged

The Defendant committed two times sexual abuse, such as sexual harassment, which causes a sense of sexual shame to a child, like the attached Table Nos. 3 and 19.

2. Summary of the defendant and his defense counsel

A. In relation to the [Attachment 3] No. 3] of the list of offenses, the Defendant, at the time, sent a student’s speech that “at the time, only sent a talk that is very badly offensive to the student, and that it is not a literature that is morally,” but the Defendant sent the purport that it is the length of literature and philosophy to consider the moral and daily value beyond the value of the ordinary thing.

B. The Defendant did not mention the same as indicated in [Attachment 19] No. 19.

3. Determination

A. Determination as to the Nos. 3 and 3 of the annexed list of crimes

1) On the other hand, the victim P stated that "the defendant's first class time of 2012 stated that "the defendant would not have been able to see himself well, she will not be able to do so," and that "the questioner shall not be able to tweld with morality or sexuality" (Evidence No. 60 pages, Evidence No. 69 pages). However, even according to the victim P, the victim P was considered as "the student who needs to her own mind" (the 6th page of the witness P record), apart from the fact that it is somewhat inappropriate expression, it is difficult to conclude that the victim's sexual sense was used as a "sexually" of the defendant's first class from the point of view of "the victim's behavior" including "the victim's sexual ethics" and "the victim's behavior should not be interpreted as a "the victim's behavior", and even if the victim's speech was tweld with the victim's sexual morality or sexual character, it seems that it was clear that the victim's behavior will be interpreted.

2) Therefore, it is difficult to readily conclude that the pertinent speech alone based on the evidence submitted by the prosecutor is an act likely to seriously hamper the development of perfect and harmonious personality, such as the formation of a sound sexual values of children, and there is no other evidence to acknowledge it.

B. Determination as to [Attachment 19] List of Crimes

Article 3 subparag. 1 of the former Child Welfare Act (amended by Act No. 12361, Jan. 28, 2014) provides that "child means a person under 18 years of age." Even in the indictment, since it is apparent that the victim P is 18 years of age at the time and this part of the facts charged is not sexual abuse against "child" as provided for in the same Act, it does not constitute a crime provided for in the same Act (the victim P is an AI (73 pages of the evidence record). Thus, even if the victim's statement on this part of the facts charged is examined in entirety (the evidence record is 61,62,69; the witness record is 1,11-14 pages). There is no other evidence that can be acknowledged that sexual abuse was committed before November 16, 2013.

4. Conclusion

Thus, since the charge of violating the Child Welfare Act, among the charges of this case against the defendant, is a case where there is no proof of crime, it constitutes a case where there is no evidence of crime, the charge of violating the Child Welfare Act as stated in the attached list No. 19, under the latter part of Article 325 of the Criminal Procedure Act, is a case where it does not constitute a crime, and thus, a judgment of innocence is rendered under the former part of Article 325 of the Criminal Procedure Act

Judgment on the request for attachment order

1. Summary of request;

The Defendant, taking advantage of his superior position as a teacher, repeatedly commits sexual intercourse and indecent act against the victims of the 10th century, etc. against a minor under the age of 19 who is under the age of 19 by committing a sexual crime on two or more occasions, and thus, is highly likely to recommit such sexual crime, and thus, it is necessary to issue an order to attach an electronic tracking device to the Defendant.

2. Determination

The term “risk of recidivism of a sexual crime” under Article 5(1) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter “Electronic Monitoring Act”) means the possibility of recidivism is insufficient solely with the possibility of recidivism, and it is highly probable that the person against whom an application to attach an electronic device is filed may injure the legal peace by again committing a sexual crime in the future. The existence of the risk of recidivism of a sexual crime shall be objectively determined by comprehensively assessing various circumstances, such as the occupation and environment of the person against whom the application to attach an electronic device is filed, the criminal conduct before the crime is committed, the motive, means, the circumstances after the crime is committed, the situation after the crime is committed, and the determination shall be based on the time of the judgment (see, e.g., Supreme Court Decision 2010Do7410, 2010Do444, Dec. 9, 2010).

In light of the above legal principles, as to whether the defendant's risk of recidivism is recognized.

The following circumstances revealed by the evidence duly adopted and investigated by the court of this case: ① the defendant has no record of criminal punishment prior to each of the crimes of this case; ② each of the crimes of this case is limited to those who have a special relationship, such as exercising certain influence as the defendant is capable of exercising a certain degree of influence and forming a dependent relationship, and there is no need to attach an electronic tracking device compared to the crimes committed against many and unspecified persons; ③ The risk assessment degree of recidivism against the defendant at the Korean level of 7 to 8; ③ the risk assessment degree of sex offender against the defendant was 7 to 7; the risk of recidivism was 18 points in total; ④ the risk of recidivism is 18 points in total; ④ if this judgment becomes final and conclusive, it is difficult to conclude that the defendant is unable to provide the defendant with labor or rehabilitation measures for the prevention of recidivism with prison life for a considerable period of time; ⑤ it is difficult for the defendant to comprehensively determine that the defendant could have a considerable effect on his/her employment or sex behavior after completing the sexual crime; ⑤ it is difficult for the defendant to provide his/her employment-related institution or sex offender.

3. Conclusion

Thus, the request for the attachment order of this case is dismissed in accordance with Article 9 (4) 1 of the Electronic Device Attachment Act on the ground that it is without merit.

It is so decided as per Disposition for the same reasons above.

Judges

The presiding judge shall be changed.

Judges Tae-young

Judicial Chief Judge;

Note tin

1) Some of the basic facts stated in the indictment were revised to the extent that it does not harm the defendant’s right of defense and the identity of the facts charged.

2) The fact that the victim M is "18 years of age" at the time of AG birth is "17 years of age" as stated in the indictment, which is apparent in the reverse water, shall be amended as above.

3) On April 25, 2012, “Korean film” opened around 25, 2012, which is a eroporaculous eporaculous eporaculous eporaculous eporaculous eporacs (Evidence No. 50 pages of the evidence record).

4) The violation of the Child Welfare Act No. 18 listed in the annexed list No. 18 was committed on June 19, 2013. Although it is unclear whether the time of the crime was after June 19, 2013, the former Child Welfare Act (amended by Act No. 11572, Dec. 18, 2012) and the former Child Welfare Act (amended by Act No. 12361, Jan. 28, 2014) are the same, it is not favorable to the defendant.

5) Each crime of violating the Child Welfare Act as stated in Paragraph 2 of the holding is not subject to disclosure notification order.