[성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)] 항소[각공2009하,1904]
The case holding that the defendant was found to have kiskly kis on the part of the son's own will against the son's own will, and that the crime of indecent act was committed against flag's act after slock was committed.
In a case where the Defendant dumped a woman under nine years of age who was under the influence of alcohol and her her her her her her her her her her her her her her, and her her her her her her her her her her her her her,
Article 298 of the Criminal Act, Article 8-2(3) of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof
Defendant
Anthio Ma
Public-Service Advocates Benefits
Defendant shall be punished by a fine of 2.5 million won.
When the defendant fails to pay the above fine, the defendant shall be confined in the workhouse for a period calculated by converting 50,000 won into one day.
The Defendant, while under the influence of alcohol, had the ability to discern things or make decisions, committed indecent act by force before Ansan-si (detailed address omitted) around August 15, 2008. The Defendant discovered a minor victim (here, 9 years old), who passed from the place, and kidds the victim “I”, and kids the victim, and kids the victim on the view of the victim, and kids the victim, and kid by force.
1. Part of the defendant's legal statement
1. Each legal statement of the witness, the victim, the non-indicted 1, and the non-indicted 2
1. Each police protocol against the victim and Nonindicted 3
1. The statement of Nonindicted Party 1
1. Complaint;
1. Relevant Article of the Act and the choice of punishment for the crime;
Article 8-2 (3) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof, and Article 298 of the Criminal Act.
1. Mitigation of mental illness;
Articles 10(2) and (1), and 55(1)6 of the Criminal Act
1. Discretionary mitigation;
Articles 53 and 55(1)6 of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing)
1. Detention in a workhouse;
Articles 70 and 69(2) of the Criminal Act
The defendant and his defense counsel asserted that the defendant kis on the victim's k's kis, and her k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's
The crime of indecent act by force includes not only the case where an indecent act is committed after the other party makes it difficult to resist by means of violence or intimidation, but also the case where the act of assault itself is deemed an indecent act. In this case, an assault does not necessarily require the degree of suppressing the other party's intent, and inasmuch as there is the exercise of force against the other party's will, it shall be determined regardless of its force (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). Here, an indecent act is objectively an act that causes sexual humiliation or aversion to the general public and infringes on the victim's sexual freedom. Whether it constitutes such an act shall be determined with careful consideration of the victim's intent, gender, age, relationship between the offender and the victim prior to such act, circumstances leading to such act, specific act, objective circumstances surrounding it, and sexual morality in the age (see, e.g., Supreme Court Decision 2004Do525, Apr. 26, 2004).
In light of the following circumstances acknowledged by the above evidence, i.e., the victim stated in this court that "the victim was sprinked and sprinked without sprinking it," i.e., "the victim was obviously expressed his intention of refusal," regardless of the victim's intention, kisp kisp was made on the victim's view. ② At the time of the crime of this case, the victim was 9 years old, but it appears that the victim was 9 years old at elementary school, but it appears that the awareness of sexual intercourse was established in school. ③ Although the defendant was her mother residing in Dongdong with the victim before the crime of this case, the defendant was able to sprink the victim or his parent before the crime of this case, and the defendant was able to see the victim's sexual indecent act against the victim's will before breathing, she kisp and spherd the victim's sexual act immediately after breathing the victim's sexual act, and she did not appear the victim's sexual act.
The crime of this case is defined as imprisonment for not less than three years or as a fine of not less than 10,00 won but not more than 30,000 won, and the defendant's side did not want the defendant's punishment by agreement with the victim. The crime of this case is only one time kis, kis, and tacks the victim's view, and the damage level seems to be relatively minor. The defendant's mistake is in depth, and the defendant's punishment against the defendant shall be determined as a fine of not less than 2,50,00,000,000,000,000 won, considering all of the sentencing conditions specified in the argument of this case, such as the defendant's age, character and behavior, environment
Of the facts charged in the instant case, the Defendant stated that the victim and Nonindicted Party 1’s statement at the police station and the victim Nonindicted Party 2’s statement as to the part that the Defendant forced the victim to her kis on the victim’s “act by force” at the time and place indicated in the facts charged in the instant case, and as to the part that the Defendant forced the victim to her kis on the victim’s “act by force.” However, the victim stated in this court that “the Defendant kis on the victim’s view, her kis on the victim’s kis, and her kis on the part of Nonindicted Party 2,” and Nonindicted Party 1 stated that “the victim her kis on the victim’s view when preparing a written statement at the police station, her kis on the victim’s kis, and her kis on the part of the victim’s her kis on the victim’s kis,” and Nonindicted Party 2 stated that “the victim did not have any other evidence to acknowledge that fact.”
Therefore, since the facts charged in this part of the facts charged constitute a case without proof of a crime, it should be pronounced not guilty in accordance with the latter part of Article 325 of the Criminal Procedure Act. However, inasmuch as the facts charged are found guilty in the same judgment, it is not separately pronounced in the disposition (it is not only stated that the defendant kis on the victim's view, and recognized the fact that the victim kis off with her her her k, and recognized the victim's her her her her her k with his her her her her her k,
Judges Choi Jae-jin (Presiding Judge)