The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

The defendant shall be subject to employment restrictions for five years at child and juvenile-related institutions, etc., welfare facilities for the disabled, and child-related institutions, respectively.

The defendant is the director of the Institute that operates D Private Teaching Institutes in North Korea-gu C at port, and the victim E (nive, temporary, and 14 years old) is a student who attends the above Private Teaching Institutes.

1. Crimes committed on April 2019;

On April 2019, the Defendant: (a) around April 2019, in the class of the D Private Teaching Institutes C, and (b) around 2019, the Defendant (i) called “if the Defendant does not want to do so, I talk.” (ii) caused the victim to do so by hand.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile by force.

2. Crimes committed on July 1, 2019;

On July 1, 2019, the Defendant: (a) on July 21, 2019, on the back side of the F Trate passenger car, which is a traffic vehicle, and (b) made the victim sit before the H child care center located in North-gu G at the port, and (c) made the victim sit before the child care center located in North-gu, the Defendant parked the said vehicle, and (d) caused the victim to sit on the front side of the Defendant. Then, the Defendant parked the said vehicle, and (e) knife the victim’s hand, and “I am good? I am? I am? I am? I am? I am? I am son? I am a pure and son’s son, such as v. S. son? I am, I am good. E is a minor, and the Defendant was forced to drive the vehicle in the direction of the victim, and then I am knife I am more than the victim’s son’s back.

Summary of Evidence

1. Each legal statement of witness I, J and E;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Partial statement of each police suspect interrogation protocol against the defendant;

1. The statement of E in each CD; 1. The police statement of E in each CD;

1. Complaint;

1. A criminal investigation report (fix a letter sent by a victim to his/her mother's mother), investigative report (Attachment to a letter written by the victim), mail, investigative report (security of CCTV images around the crime scene), H child-care facilities and CCTV for crime prevention, investigation report (on-site verification), photo, photograph, Kakakao Akaoo moooo shots, investigation report (as a result of the analysis of the case), telephone detailed statement, family relation certificate, investigation report (Attachment of suspect text messages), investigation report (in the case), field guidance, investigation report (report on submission of data by the victim), and one CD;

Application of Statutes

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

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

1. Aggravation of concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act, etc.) around July 1, 2019]

1. Order to complete programs;

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

1. The judgment holding that there are special circumstances in which disclosure of personal information may not be disclosed in full view of the Defendant’s age, character and behavior, environment, contents of the instant crime, degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure and notification order, prevention of the sex offense subject to registration, and effect of protecting the victims, etc., in light of the following: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1662, Nov. 26, 2019); (b) the disclosure and notification order of personal information is necessary with due care as it may have a significant impact on the Defendant; (c) the sentence of imprisonment to the Defendant; (d) employment restriction order; and (e) the registration of personal information alone is deemed to have an effect of preventing recidivism; and (e) other special circumstances where disclosure of personal information may not be

(2)

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) main text of the Welfare of Disabled Persons Act; Article 29-3(1) main text of the Child Welfare Act

Judgment on the Defendant and defense counsel's argument

1. Summary of the assertion

In the case of a crime around April 2019, it is impossible for the defendant to commit an indecent act against the victim because he is under lectures in other classrooms at the time. On July 1, 2019, in the case of a crime, the fact that the defendant hythms with the victim after consultation with the victim, and that the defendant hythms with the victim for encouragement. However, there is no fact that the defendant used force with the intent to commit an indecent act.

2. Relevant legal principles

In determining the credibility of a witness’s statement, such as a victim, etc. supporting the facts charged, the court shall evaluate the credibility of a witness’s statement, as well as whether the content of the statement itself conforms to the rationality, logic, contradiction, or rule of experience, or conforms to evidence or a third party’s statement. The court shall not dismiss the witness’s statement without permission, unless there exist any other evidence objectively deemed objectively acceptable in light of the victim’s statement and other witness’s consistent and consistent with the facts charged (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012).

Meanwhile, in light of the fact that victims of sexual assault or sexual harassment have committed negative public opinion or disadvantageous treatment and disclosure of identity when they came to know of the fact of damage, etc., the victim’s response to sexual assault is bound to appear differently depending on the victim’s gender, relationship with the perpetrator, and specific circumstances. Therefore, readily rejecting the probative value of the victim’s statement without sufficiently considering special circumstances where the victims of sexual assault are faced in individual and specific cases cannot be deemed as a determination of evidence in accordance with logical and empirical rules, based on the ideology of justice and equity (see, e.g., Supreme Court Decision 2018Do2614, Jul. 11, 2019).

3. Determination

Examining the following circumstances acknowledged by the evidence duly adopted and examined by the court in light of the aforementioned legal principles, the victim’s statement has credibility, and the evidence duly adopted and examined by this court, including the victim’s statement, can sufficiently be recognized as having committed each indecent act, such as the facts constituting the offense in the judgment of the defendant. Accordingly, the Defendant and the defense counsel’s assertion is not acceptable.

A. On July 11, 2019, the victim submitted a written complaint concerning the instant case to the Gyeongbuk Provincial Police Agency. On July 11, 2019 and October 2, 2019, the police was investigated by the prosecution on December 17, 2019.

B. In the process of the investigation on July 11, 2019, the victim made a relatively clear statement on each of the following facts. In each subsequent investigation process and this court also consistently made a statement on the fact of damage consistent with the statement in the initial investigation process.

(1) The part concerning the crime on April 2019

○ From April 5, 2019, ‘from 5th to 5th,' and ‘(the defendant's body was replaced by the victim)' several times. It has been several times through several days.

○○ When the victim is in the public book of the victim, ‘if the defendant is in the public book of the victim', ‘if the defendant is in the public book of the victim, ‘bucks', ‘bucks', ‘if the defendant does not do so', ‘5 minutes to 10 minutes', ‘5 minutes to 10 minutes', ‘within July 1, 2019,' ‘8:50 minutes to 9 o', ‘within the school', ‘within the 0', ‘0', ‘if the defendant wishes to get in the close close to the bucks, ‘the body', ‘the main body', ‘the main body', ‘the 10 minutes', ‘the 5 minutes', ‘the 5 minutes', ‘the 5 minutes', ‘the 5 minutes', ‘the 5 minutes', ‘the mother', ‘the 4 days', ‘the 5 minutes', and ‘the 5 minutes', ‘the 5 days', ‘the 5 minutes', ‘the 5', ‘the mother'.

C. The victim, in the process of police investigation and prosecution investigation, 's question whether or not the victim is faced with the situation of the day which was first in the day', 'the school took a self-harm. If the defendant does not want to meet the victim's bucks (the victim's). The defendant stated to the effect that "the victim's bucks are able to come with the victim's friendly relationship." The defendant stated to the effect that the victim's bucks were involved in the victim's bucks, and made a consistent statement on the contents of the conversation divided with the defendant

“The Victim was in the back seat, who was going to go to the front seat, and went to the front seat, and the Defendant got to the end, so the Defendant was fluencing the Victim good, and the Defendant was fluencing the Victim, who was fluencing by the Victim, and was flucing him, if the Victim was a minor, and was sexually flucencing.”

○ and other patriotic persons wishing to do so so that they first consider pure and earing difficulties like victims.”

라. 또한 피해자는 경찰 및 검찰 조사과정에서 '오른손을 접었다 폈다 하다가 앞뒤로 손을 움직이거나 '자리에서 일어나서 무릎을 살짝 굽힌 상태로 오른손을 뻗어서 조사자의 왼쪽 허벅지를 만지는 시늉을 하며 피고인이 피해자의 허벅지를 만지는 모습을 재현하는 등 피해 사실을 정확히 전달하기 위하여 노력하는 모습을 보였다.

E. During the police investigation process, the victim only one hour a victim was her only one hour in the day of the day, and other difficulties were caused to undergo another course of study. Therefore, the victim's statement is in charge of the study subjects of the driving school operated by the defendant, and at that time, the defendant was only suckbucks with him/her for 2 hours at the time of the examination period, or 9 hours at the time of the examination period (in the case of demand or gold day), but remains for 2 hours at the first (class) and 3 hours until the first (class). At that time, other pets also have a public book in another room, and specifically stated the specific time and reasons why the defendant committed an indecent act (buckbucked only). The victim's statement is not in charge of the study subjects of the school hours table (the defendant was in charge of the study subjects, but it is not closed from 190 p.m. to 200 p. 10:0 on the day of February 1, 2004).

F. While the victim was damaged on July 1, 2019 in the process of police and prosecutorial investigation, the victim stated to the effect that her mother was unable to commit a crime because her phone had been suspended. According to the monetary detailed statement (No. 21), it is recognized that the victim’s mother was suffering from a cell phone with the cell phone used by her mother on July 1, 2019, from the cell phone used by her mother on July 21, 2019.

G. The victim stated to the effect that “the victim talked about the fact of damage on July 1, 2019 that was damaged by the police investigation,” and that “the victim tolded about the fact of damage on his/her friendship,” and “the child-friendly Gu should be put into the room.”

H. On July 5, 2019, the victim revealed the fact of damage by referring her natives to her mother (hereinafter “the instant letter”). However, the instant letter explicitly states the circumstances leading up to the first damage, including the background leading up to the damage, the overall fact and developments leading up to the overall damage, the details of the dialogue between the Defendant and the victim in the process, the reasons leading up to the victim’s knowing the damage through her natives without directly disclosing the fact of damage. This accords with the statements made in the police and the prosecution investigation process of the victim.

I. Meanwhile, the victim stated to the effect that "the victim did not express his intention of refusal in the process of suffering sexual assault from the defendant in the police investigation." However, the victim stated to the effect that "the defendant did not express his intention of refusal in the process of suffering sexual assault from the defendant." However, if the victim was aware of 'the defendant', 'the defendant did so', 'the defendant did so', 'the victim', 'if he became aware of 'the subject', 'the victim', 'if 'the victim became aware of 'the class', 'the 'the 'the 'the ' was done', 'the ' was come out of 'the 'the 'the ' was done', 'the ' was made out of 'the 'the 'the ' was', 'the ' was made out of the 'the ' was', ' the ' was made out of the 'the 'the 'the ' was', and the 'the ' was sufficiently related between the defendant and male children.

(j) From May 2018 to July 1, 2019, the victim was accompanying a private teaching institute operated by the defendant without any particular problem for a considerable period of time from May 2018 to July 1, 2019, and there is no reason or motive for the victim to be subject to criminal punishment until the victim made a false damage, or when the investigation agency and this court repeatedly make a false statement. Rather, the victim did not appear in the front seat if there are only two cases in the process of getting the victim to go in the house until before the victim's death (at the first time, there was no other damage), and it was no other indecent act that caused the buckbuck in the private teaching institute, "No other indecent act that caused the buckbuck," "no other act was committed against the victim," or "no other act was committed against the victim," or "no other act was committed against the victim or the victim."

(k) In addition, in light of the fact that there is no circumstance that the Defendant and his parents conflict with each other due to the victim’s taking-on of the educational institute prior to the instant case, or that the Defendant demanded money and valuables, such as agreement payments, etc. in relation to the instant case, it is difficult to view that the victim’s act of deceiving the Defendant due to his parents, or that the victim’s statement was distorted or contaminated by the victim’s cancer or inducement of the surrounding persons, such as his parents.

(l) On April 2019, the victim did not notify the mother of the damage immediately after the victim was first injured, and on July 2019, about three months thereafter, the mother knew of the damage. However, on July 1, 2019, the above situation and the victim did not know about the damage in the police investigation process, and on July 1, 2019, the victim did not know about the damage. However, on July 1, 2019, the victim did not know of the damage due to the high level of indecent act and the high level of the water level of the Defendant’s speech in the process, it was hard to find out that the victim did not know about the harm immediately since he did not know about the harm.

(m) The Defendant’s defense counsel stated to the effect that the victim’s statement is not consistent on the method of gathering the victim’s chest (whether the Defendant was putting his finger in the clothes) and thus, the victim’s statement is not reliable. In fact, the victim stated to the effect that “the Defendant was her chest out of the clothes in the initial police investigation,” and that “the Defendant was her chest in the victim’s chest” in this court, but stated to the effect that “the Defendant was her breast by inserting his finger out of the clothes of the victim.”

However, as seen earlier, it is difficult for the victim to specifically state the fact of damage to his/her mother as a fiduciary relationship at the time of his/her initial investigation because he/she was unable to actively express his/her intention of refusal, such as his/her care, fear that he/she would be able to receive lessons from his/her parents, etc., and after considerable time, the victim was informed through the instant correspondence. The victim was investigated by the police at the time of his/her initial investigation, and the mother was living with the fiduciary relationship at the time of his/her initial investigation, so it is difficult for the victim to clearly state the fact of damage to his/her chest, which is sexually sensitive? In fact, the victim could not be asked by his/her defense counsel during the investigation process, such as 'the fact that the victim was unable to answer', 'the first question that the victim did not seem to have been under his/her own questioning? The victim could not be asked by his/her initial method, 'the fact that he/she did not appear to have been under his/her own questioning?'? The victim's testimony and testimony made within nine months.

n. The defendant's defense counsel argues that the statements in this court concerning the victim's uniforms are not reliable because they are contrary to weather or objective circumstances at the time when they were damaged by the victim's clothes. The defendant's defense counsel stated to the effect that in fact, the victim suffered from the harm as stated in Paragraph 1 of the criminal facts in this court at the time of suffering from the harm as stated in Paragraph 2 of the criminal facts in the judgment, "the victim suffered from the harm as stated in Paragraph 2 of the criminal facts in the judgment," and it is recognized that the victim suffered from the CCTV video, etc. in which the victim had taken the form of the victim at the time of suffering from the harm as stated in Paragraph

However, even for the fourth month belonging to spring for that season, according to the prevailing weather or personal effects.

The victim made a statement to the effect that he/she was aware of his/her clothes at the time when he/she was injured. The victim made a statement to the effect that he/she was aware of his/her clothes in this court concerning the crime of paragraph (1) at the time when he/she was injured. The victim made a statement to the effect that this part of the statement was made on the basis of a relatively clear memory, and in particular, the victim continued to commit an indecent act from April 2019 to July 1, 2019 when he/she made a statement related to his/her clothes. The victim made it difficult to say that he/she was unable to have satisfe and kneed in the process of his/her statement to the effect that he/she was unable to satisfyd, and that he/she was unable to say that he/she was aware of the credibility of his/her clothes in the process of continuously suffered from the defendant, and that he/she was not able to say that he/she was satisfy of the victim's clothes.

1. Reasons for sentencing: Imprisonment with prison labor for up to 45 years;

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

(a) First offense (Indecent Act on the Protection of Children and Juveniles against Sexual Abuse) ;

[Determination of Punishment] The general standard of the crime of indecent act by compulsion (subject to the age of 13 or more) on sexual crimes (type 2). Indecent act by indecent act such as by indecent act by blood or by personal intrusion/special indecent act by compulsion.

[Special Aggravation] Aggravations: Crimes committed by persons obligated to report or persons engaged in protective facilities, etc.

[Recommendation and Scope of Recommendation] Aggravation, 4 years to 7 years of imprisonment

(b) Second offense (Indecent Act on the Protection of Children and Juveniles against Sexual Abuse).

[Determination of Punishment] The general standard of the crime of indecent act by compulsion (subject to the age of 13 or more) on sexual crimes (type 2). Indecent act by indecent act such as by indecent act by blood or by personal intrusion/special indecent act by compulsion.

[Special Aggravation] Aggravations: Crimes committed by persons obligated to report or persons engaged in protective facilities, etc.

[Recommendation and Scope of Recommendations] Aggravation, 4 years to 7 years. The scope of recommendations according to the standards for handling multiple crimes: Imprisonment for 4 years to 10 years (the first crime maximum + the second crime maximum 1/2)

3. Determination of sentence;

The circumstances favorable to ○: The defendant has no record of being fined or punished for the same crime.

The crime of this case is an indecent act committed by a victim, who is a juvenile, as an instructor of a private teaching institute, even though the defendant is in a position to guide and guide the victim who is a juvenile, in view of the method and manner of the crime, the identity of the defendant, and the relationship with the victim, etc. The crime of this case is very poor. The victim who was at the time of forming a sound sexual identity and values, appears to have suffered heavy mind. Nevertheless, the defendant did not go against the victim with a serious mind, or did not seek a letter, and in investigation agencies and this court, it did not seem that the victim avoided his/her criminal act and did not repent. The parents of the victim and the victim wish to punish the defendant.

○ Other comprehensively taking into account the following factors such as the Defendant’s age, character and conduct, motive and background of the offense, means and consequence of the offense, the circumstances after the offense, etc., and the sentence to a lower sentence than the sentencing criteria shall be determined as per the order.

Where a conviction becomes final and conclusive on each criminal fact on the judgment that is a sex offense subject to registration and submission of personal information, the accused is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article

Judge Han-man

Judge Kim Jae-han