2012Gohap711 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, such as Fraudulent Means)

○○○ (65****** 1*******) * A public official,

Residence Daejeon: Not more than the Daejeon Embio-gu

Reference domicile Daejeon: Omission below the Posi-gu

The delay of Kim (Lawsuits) and the Park Jong-chul (Trial)

Attorney Lee Dong-chul

May 2, 2013

Defendant shall be punished by a fine of KRW 10 million.

If the defendant fails to pay the above fine, the defendant for the period calculated by converting 50,000 won into one day;

shall be confined in the station.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

In order to order the provisional payment of an amount equivalent to the above fine.

Facts of crime

The Defendant was a teacher in charge of the sports of Daejeon Balter High School.

1. On September 201, the Defendant: (a) continued sports classes at high school dance and classroom of the Daejeon Sung-gu, Daejeon, Daejeon, Daejeon; (b) led the students to freely leave; (c) reported that the maximum ○○○ (16 years old) of the victim suffering from mascion on his/her gate is protruding; and (d) broken off the victim’s knife, and committed an indecent act by force against the victim by gathering five descendants from his/her knife on his/her knife on the part of the victim’s knife and knife his/her knife. on the part of the victim.

2. On September 201, 201, the Defendant pointed out the clothes of the victim involved in the military service activities at the entrance of the swimming pool, which is located in the Seocho-gu, Daejeon, Seosung-gu, Daejeon, and committed an indecent act by force by force against the victim, by stating that “I would incur any loss?”

3. On September 26, 201: around 00, the Defendant committed an indecent act by force against the victim by following the victim who was going up with the first floor of the above school from the first floor to the first floor of the ground, after completing a briefing session for the admission of new students. The Defendant stated that “I am very hys? hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys of the victim.”

Summary of Evidence

1. Entry of the defendant in part of the first trial records;

1 . 증인 한◎◎ , 김○○ , 이◆◆ , 임□□의 각 법정진술

1. Statement of the witness ○○ in the second protocol of the trial;

[1] The Defendant denies each of the crimes indicated in the holding with the following purport. ① Although the Defendant is less strongly fluored by the victim’s hand to shoulder the victim’s hand, the Defendant did not contain any fact that she laid down the hand floor (Article 1(1)). ② Although the Defendant attempted to satise and shake the victim’s clothes, the Defendant did not have any fact that she was satisfing on the upper part of the satts in order to satisfing the victim’s clothes, but she did not have any fact that she was satisfing on the chest by hand (Article 2(2) of the holding). ③ The Defendant only satfing the victim’s hand, and did not have any fact that she was able to write and use it

Comprehensively taking account of the above evidence, which is the statements of the victim and witness, the defendant is sufficiently able to recognize the fact that the defendant takes the victim's grandchildren in the victim's hand floor as stated in its holding (Article 1 (1)), 2, 2, 2, 3, 3, 1, 1, 2, 3, 1, 2, 3, 3, 3).

Judgment on the argument of the defendant and defense counsel

1. The assertion;

① The acts set forth in paragraphs (1) and (3) of the holding do not constitute an indecent act committed in violation of the Act on the Protection of Children against Sexual Abuse (Indecent Acts such as Fraudulent Means) and did not have the intent to commit an indecent act against the defendant. ② The acts set forth in the holding are the acts that have been committed in the course of admonition, and there was no intention to commit an indecent act against the victim.

2. Determination

A. Relevant legal principles

In the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, “Indecent Act” refers to an act that causes a sense of sexual humiliation or aversion to the general public and goes against good sexual morality, and thus infringing on the victim’s sexual freedom. Whether such an act constitutes an act ought to be carefully determined, taking into account the victim’s intent, gender, age, relationship between the offender and the victim, circumstances leading to the act, specific manner leading to the act, surrounding objective situation, and the sexual moral sense of that time, etc. (see, e.g., Supreme Court Decision 2012Do3893, Jun. 14, 2012; 2012Do14, 2012Do83, etc.). Moreover, the subjective elements necessary for the establishment of the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse are sufficient, and the subjective elements necessary for such an act should not be deemed to have been objectively satisfied with the intent of the victim, other than the intent of the victim, and the subjective motive or intent of 10.

B. Determination

In the instant case, comprehensively taking account of the following circumstances and the victim’s intent, age, gender, etc., which can be revealed by the evidence duly examined and adopted by this court, each act of the Defendant’s holding objectively constitutes an indecent act committed against the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act through Fraudulent Means, etc.) since all of the acts of the Defendant objectively cause sexual humiliation or aversion to the general public and violate the victim’s sexual moral sense, thereby infringing on the victim’s sexual freedom. The Defendant and the defense counsel’s assertion are rejected.

① At the time of the instant case, the Defendant was in charge of the victim’s physical training course, and the victim was faced with the victim’s name different from that of other students, or was faced with the victim’s name without any justifiable reason, and expressed friendly ties to the victim outside of school hours to the extent that the victim was more friendly than that of other students. The victim was faced with a big burden on the Defendant’s attitude, and was also an inconvenient weather.

② In the case of paragraph (1) of the holding, the Defendant, even though given self-learning hours so that the students can sleep well, was only the victim who was diving without any reason, and was locked with the victim’s hand floor, as stated in its holding.

Therefore, I think that the victim was locked, and that the victim was locked, again, the defect that the victim tried to locked, and the scam, after the scaming, accessed the victim again, and re-explosed to do the same act. The scamed victim asked the defendant "??????????? The defendant was protruding the victim without any speech.

③ 판시 제2항의 경우 , 피고인은 쓰레기 줍기 봉사활동을 마치고 모임장소로 내려 가던 피해자에게 다가가 “ 이 옷 너무 야하다 . 왜 이렇게 입었느냐 ? ” 고 말하면서 , 피해 자의 쇄골과 가슴 사이 살 부위에 피고인의 검지와 중지를 2 ~ 3회에 걸쳐 반복하여 가져다 댔다 . 이에 피해자가 당황하여 아무 말도 못하고 있자 , 옆에 있던 한◎◎이 피 해자를 끌고 바로 그 자리를 피했다 .

At the time, the victim had no reason to point out especially clothes in the face of flat Roberts (at the same time, even if the chest has been living even, she was not a file set).

④ In the case of paragraph (3) of the ruling, students, including victims, were enrolled on the first floor after completing new students’ admission and volunteer service activities, while teachers were remaining in underground lectures and were attending the above briefing session.

However, during the briefing session, the Defendant stated that “I will take the right shoulder of the victim who is going to walk the stairs of the victim according to the victim, and write the victim’s hand over several times by other hand,” and “I will see so far. I will see why I will do so. I will do so? I will see why I will do so? I will do so? I will see why I will do so? I will see? I will do so? I will see why I will do? I will see? I will you? I will see? I will you will see? I will see? I will, I will d. I will see? I will . I will see? I will see? I will you will see? I will ? I will ? I will ? I will ? I will ? I will ? I will see? I will ? I will ? I will ? I will ?? I will ?

5. After the occurrence of the instant case, the victim had a mind about the change of schools under the deep wound of the mind.

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 7(5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act.

2. Aggravation for concurrent crimes;

Articles 37 (former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act / [Aggravation of concurrent crimes with punishment prescribed for a crime in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts such as Fraudulent Means)]

3. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

4. Order to complete a program;

The main sentence of Article 13(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

5. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Registration of Personal Information

Where a conviction on each of the crimes of this case becomes final and conclusive, the defendant is subject to registration of personal information pursuant to Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, the defendant is obligated to submit personal information to the competent agency pursuant to Article 34 of the same Act.

Whether to order the disclosure and notification of registered information

Since the sentence of a fine is imposed, it is not ordered to disclose or notify the registered information pursuant to the proviso to Article 38(1) and the proviso to Article 38-2(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Reasons for sentencing

【Unfavorable Circumstances】

The crime of this case is not good because it repeatedly commits an indecent act against the will of the victim who is a teacher and the victim who is a woman with a scambling that the defendant was scambling and has a scambling risk.

○ The victim suffered deep mind in the instant case and sought punishment for the Defendant (a favorable circumstance)

○ The extent of the exercise of tangible power and the indecent conduct is weak.

○ An initial crime

【Other Normal Conditions】

○ The character and conduct of the Defendant, family environment, the motive and consequence of the crime, and the circumstances after the crime.

Judge Lee Jong-soo

Judges Kim Jong-hoon

Judges' records