A violation of the Act on Special Cases concerning the Punishment, etc. of Meritorious Crimes (Korean Bar Association);

§ 13). Violation of the Special Act on the Punishment, etc. of Sexual Crimes

Minor indecent act by compulsion of minor) violation of Child Welfare Act

except that the execution of the above sentence shall be suspended for five years from the date this judgment became final and conclusive.

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

The defendant shall be ordered to place employment restrictions on children and juveniles-related institutions, etc. and children-related institutions (including welfare facilities for persons with disabilities) for each five years.

1. The point of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. A. Around March 4, 2018, the Defendant: (a) committed an indecent act by force against a child or juvenile who is a relative with the victim by using the victim’s c apartment D, which is located in the front-gun B’s residence; (b) placing the victim’s e (the age of 15 at that time) in his/her room, leaving him/her in his/her room, and her side inside his/her own room; and (c) e.g., having the victim reported on TV by using the victim’s side. In the latter, the Defendant e.g., using the victim’s e., “d., large number of [f., our [f.,]], and f., using his/her left hand, her clothes, bucks and kbbbbbbs, and k

B. Around March 2018 to April 2018, the Defendant: (a) committed an indecent act by force against a child or juvenile, who is a relative of the victim, by inserting his/her her son into the steering place while having his/her her her son aboard in the steering place; and (b) having his/her son on the her son’s son’s her son on the her son’s son’s her son’s son’s her son’s son’s son’s son’s son

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a indecent act by force in relation to relatives);

피고인은 2018. 5. 7. 11:30경 자신이 운전하는 차량에 친딸인 F(여, 당시 12세)를 조수석에 태우고 봉동에서 용진 방향으로 운행하던 중, 차량이 적색신호에 걸려 정지하게 된 것을 기회로 반바지를 입고 있던 피해자의 옷 위로 오른손을 피해자의 양 허벅지 사이에 넣고 주물러 강제로 추행하고, 이에 피해자가 피고인에게 "어딜 만져요"라고 말하며 제지하자 "뭘 째려봐, 개새끼야, 아빠가 만지는데 뭐 어떠냐, 반항하지 말아라, 반항하면 죽여버린다."라고 말하며 위협한 뒤 다시 피해자의 왼쪽 가슴을 손으로 만지고 주물러 강제로 추행하였다.

Accordingly, the Defendant committed indecent acts by force against a minor under 13 years of age who is related to relatives as above.

3. Violation of the Child Welfare Act;

A. On April 2018, the Defendant assaulted the victim’s head at the time of 5 to 6 times in his/her ward on the ground that the victim E, who is his/her her her son, was unable to deduct the money from the passbook, and the victim E, who is his/her son, was false, on the hand of his/her hand, at the time of several times in the victim’s boom and head room, and twice in his/her boom, and continued to arrive in the victim’s house I, the apartment house I, which is the victim’s bomb, and assaulted the victim’s head at his/her ward for the foregoing reason. Accordingly, the Defendant committed physical abuse against a child, which may injure the child’s body or injure the physical health and development.

B. Around May 17, 2018, the Defendant committed assault, such as assaulting the victim’s her son while walking 5 to 6 times her her son’s her son’s son’s her son’s son’s her son’s her son’s her son’s her son’s her son’s her son’s her son’s her son’s her son’s her son’s her son’s her son

C. At around 19:20 on April 23, 2018, the Defendant, at the same place as the foregoing paragraph (b) around 19:20 on April 23, 2018, sent the Victim F, who was a pro-friendly dependent on the company’s working day, to a ward, and then sent the victim’s son and son and son in a living room, to the extent that the victim’s head part of the victim’s head, who was living in the room, was unfortunateed, was able to see where the victim’s head part, who was unfortunateed, was unfortunateed, to see where the victim’s son and son in a living room, was bucked at 30 times, and assaulted the victim’s head part.

As a result, the defendant committed physical abuse against a child that may injure the child's body or injure the physical health and development of the child.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Legal statement of the witness J;

1. Report on the result of emergency measures;

1. Each stenographic record (victim E, F);

1. Each investigation report (number 3, 10);

Judgment on Defendant and Defense Counsel’s argument

1. Summary of the assertion

The defendant did not commit an indecent act against the victims as stated in the facts of the crime Nos. 1 and 2, and there was only a tangible force corresponding to part of the facts of the crime No. 3, and there was no intention of abuse, and there was only a legitimate act of care or discipline.

2. Determination

A. Determination on the facts constituting the crime Nos. 1 and 2

Where a minor victim makes a statement that he/she was subject to a sex offense, such as rape or indecent act by force, from his/her relatives in the position to protect and supervise him/her, the victim's statement shall not be dismissed without permission, in determining the credibility of the statement, if the victim's statement that was sexual intercourse with the victim's family member despite being aware of the absence of physical evidence or direct witness, other than his/her own statement, clearly expresses the victim's motive or reason at the risk of criminal punishment of his/her guardian, and the motive or reason to make a false statement is not clearly revealed. In addition, if the contents of the statement are consistent with factual, concrete, and main parts, and there are no differences in unreasonable or contradictory statements in light of the empirical rule, the credibility of the statement shall not be reversed without permission (see, e.g., Supreme Court Decisions 2006Do3830, Oct. 26, 206; 2010Do11943, Nov. 25, 2010).

In light of the aforementioned legal principles, the following circumstances revealed by the evidence duly adopted and investigated by this court were revealed by the victims' statements that correspond to this part of the facts charged by the investigative agency, the victims' statements to reverse the judgment made by this court are difficult to recognize credibility, and the witness K's testimony is not interfered with this part of the facts charged. Thus, the defendant's arguments on different premise are without merit. 1) The victim E and F appeared at the L Center on May 29, 2018 and made statements about the contents of the damage. According to the above statements, the victim's statements revealed specific information such as the fact of damage, surrounding circumstances at the time of damage, appraisal and conversation that they suffered, and certain questions shows the limitation of their memory.

2) On May 18, 2018, in the course of consultation with the Ma Middle School Counseling Teachers on May 18, 2018, the defendant's domestic violence and indecent act committed by the defendant was conducted to the defendant accordingly, and the investigation into the defendant was commenced. The above process and process of the commencement of the investigation do not seem to be an exceptional.

3) The victims were present at this court and the appearance and appearance of the victim, such as the victim's maternal village, were made a false statement at an investigative agency on the wind of the victim. However, the victims were now brought up by the defendant while living together with the defendant, and returned home together with the defendant at the time they make a statutory statement to reverse the above, even if they were to have been brought up by the defendant, and they were punished by the defendant. They seem to have reversed the statement in this court because there is concern that they could be difficult to do so (in particular, in light of the light, poor, and attitude of the victims at this court, it is difficult for the victims to believe the contents of the reversed statement in this court). Furthermore, it seems that the victims' mother and the appearance and appearance of the victim, such as the victim's maternal village, appears that they were aware of the damage after they talked with the victim F. The victims' mother and appearance of the victim's speech disorder and did not appear to have been aware of the victim's criminal punishment against the defendant in the investigation agency's statement or appearance of the victim.

B. Judgment on the crime No. 3

As seen earlier, the credibility of the statements made by the victims at an investigative agency is recognized. In light of the contents and degree of the language and force of the defendant's act as stated in Paragraph (3) of the criminal facts in its judgment, the defendant's act is judged to be an act of physical abuse against each victim beyond a legitimate exercise of right to receive punishment that does not violate the social rules, and the defendant's intent is recognized. Thus, this part of the defendant's assertion on a different premise is without merit.

Application of Statutes

1. Article applicable to criminal facts;

A. The crime of Paragraph 1 of the judgment

Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a indecent act by compulsion by relatives)

B. The crime of Paragraph 2 of the judgment

Article 7(3) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 298 of the Criminal Act (the occupation of indecent act by force on minors under the age of 13), Article 5(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the occupation of indecent act by force on relatives).

Articles 71(1)2 and 17 subparag. 3 of the Child Welfare Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Aggravation for concurrent crimes;

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

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (General Consideration favorable to the following)

1. Suspension of execution;

Article 62(1) of the Criminal Act (Considering the normal conditions favorable to life in the following):

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. Exemption from an order for disclosure and notification;

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 (it is deemed that there is a special circumstance that may not disclose and notify personal information in full consideration of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, type of the instant crime, process of the crime, disclosure and notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting victims).

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Jan. 16, 2018); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2(1) of the Addenda to the Child Welfare Act (Amended by Act No. 16247, Dec. 11, 2018); Article 29-3(1) of the former Child Welfare Act (excluding subparagraph 23); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Amended by Act No. 16247, Dec. 11, 2018);

1. The grounds for sentencing: Imprisonment with prison labor for a period of two years and six months from June to June 22

2. Scope of the recommended sentence based on the sentencing guidelines: Each regular concurrence of crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse or violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under the age of 13) and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, shall be committed.

Since the sentencing criteria are in the guidance, the sentencing criteria are not applicable.

3. Determination of sentence: The crime of this case with three years of imprisonment and five years of suspended execution is a crime committed by the Defendant’s indecent act and abuse against the victims who are children of the young age, and the victim’s mental impulse seems to be considerable in that it was committed by indecent act from the natives who should have to believe and refrain from doing so. Although the Defendant is a child who is responsible for raising and protecting victims in a sound manner, it should be punished strictly in that he or she took the victims of sexual intercourse as the object of meeting the sexual desire.

However, the defendant appears to have agreed to divorce from the victim's mother, and the victims want to live together with the defendant, rather than within the protection facility or together with his/her mother, and expressed their intention that he/she does not want to punish the defendant. In full view of the above circumstances, it would be reasonable to respect the victims' will unless there are circumstances to deem that the above process was conducted by force, and the defendant seems to have no criminal power to punish the victims, and the defendant appears to have an awareness of rehabilitation, it would be practically appropriate to rectify the errors in the past and give the victims an opportunity to care for victims. The above circumstances and various sentencing factors specified in the records and arguments of this case shall be determined as the order.

Determination on the registration of personal information and the reduction of the registration period;

Where a conviction becomes final and conclusive for each of the crimes listed in paragraphs 1 and 2 of Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the same Act, and thus, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act. Meanwhile, considering the above crimes which cause the registration of personal information, the punishment of the crimes and the remaining crimes, the severity of the crimes, etc., in this case, it is deemed that the period of registration of personal information is no longer necessary to be specified as a short-term period than the period according to the sentence of the punishment of sexual crimes, etc.

Judges Jeong-ju

judge inducedd

Only this part of the facts are not recognized, and it is part of the method of criminal facts in this part.

It is so minor that it is not disadvantageous to the defendant, and it is deleted.