2017Gohap848 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Compulsion)

A

Bags (prosecutions) and knife ships (public trials)

Attorney B

November 9, 2017

A defendant shall be punished by imprisonment for one year.

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 40-hour course for sexual assault treatment.

Criminal facts

The defendant is an instructor of a DNA driving school in Gangnam-gu Seoul Metropolitan Government, and the victim E (V, 14 years old) is a student of the above driving school.

On April 5, 2017, the Defendant, at around 21:30 on April 21, 2017, expressed that he/she would have the victim, who had been damped in the fifth floor school room in the building of the pertinent D Private Institutes, offer the victim with the stairs of the fourth floor of the above building, leading the victim to attend school and provide the victim with counseling, and write down the victim's head, etc., with his/her own hand.

I rh and rh the victim's face with both arms, and then try to be faced with the victim's face with the two hands, but the victim was not able to have the wind to see the victim's seat.

Accordingly, the defendant committed indecent acts against the victim who is a child or juvenile by assault.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records of E;

1. Each investigation report (Evidence list 8,11);

1. Recording records;

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, and Article 298 of the Criminal Act

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. 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 for the defendant in the same kind, the crime in this case alone is hard to readily conclude that the defendant has a criminal tendency against many unspecified persons; the fact that the order to register personal information of the defendant and attend the lecture for sexual assault treatment can be expected to some extent to prevent recidivism; and in light of all the circumstances, such as the defendant's age, family environment, social relationship, etc., the disadvantage and anticipated side effects that the defendant may sustain due to the disclosure and notification order, while the effect of preventing sexual crimes that can be achieved therefrom is relatively less likely to be achieved, it is determined that the defendant should not disclose and notify personal information.

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] A sex crime, general standard, crime of indecent act by compulsion (subject to the age of 13 or more), type 2 (Indecent act, such as indecent act by compulsion, living intrusion, etc. by relatives relation), special indecent act

【Special Esponsor] Where the exercise of tangible power is significantly weak;

[Scope of Recommendation] Imprisonment from one year to two years (Mitigation)

* descriptive standards: Since it is a juvenile indecent act by compulsion, the upper limit and lower limit of sentence shall be reduced to 2/3 each.

3. Determination of sentence;

The crime of this case is an indecent act committed by the defendant, who is a student of a private teaching institute, who is only 14 years old or older, who is a student, and only 14 years old or older, in light of the course and method of the crime, the relationship between the defendant and the victim, etc., the crime is inferior. Although the defendant is in a position to consider and protect the victim to grow as a healthy social person with a healthy sexual concept, the defendant is in an indecent act against the victim, which would have high possibility of criticism, and the victim would have caused considerable mental suffering and a sense of sexual shame due to the crime of this case. Nevertheless, the fact that the defendant was unable to reach an agreement with the victim, and thus the victim

However, the fact that the defendant confessions the crime of this case and is against the nature of the defendant, the degree of tangible force exercised by the defendant is relatively not much severe, the defendant's primary crime that has no record of criminal punishment, and the fact that the defendant has a driving school only after the crime of this case, considering the circumstances favorable to the defendant, the punishment as ordered shall be determined by taking into account the age, character and behavior, health condition, family relationship, means and result of the crime, various sentencing conditions shown in the arguments of this case, including the circumstances after the crime

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a crime committed against a defendant, the defendant shall be 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 shall be obligated to submit personal information to the competent agency pursuant to Article 43

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

For the presiding judge or judge;

The same judge's identity

Judges Lee Young-young