Indecent Acts, etc.

except that the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

An order the accused to take a lecture for sexual assault treatment for 40 hours.

While the Defendant was a person who was in office as B hospital intern doctor, the Defendant reported that he complained of the victim 00 (at 23 years of age) who complained of and was found in the emergency room (at 23 years of age) so that he was able to commit an indecent act against the female, and brought a ice on the bend in the bend room in order to let the female do so.

1. The Defendant around April 29, 2012: 06: at the emergency room of the B Hospital located in Yangsan-si, Yangsan-si, the Defendant committed an indecent act against the Defendant by a deceptive scheme by inserting the brue and waiting for medical treatment. “Around 26, 2012, it is necessary to confirm whether the her chest is left, inserting the her chest into the brue, and continuously “I check whether the her chest is left.” The Defendant, while putting the her finger into the panty, was divided into several parts, and then she committed an indecent act against the her woman by a deceptive scheme.

2. On the same day: 06:43 at the same time, the Defendant was able to treat the victim at the same place, and was able to take care of his fingers by inserting his fingers by brush, and was able to take care of his breasts, she was able to take care of his breasts, she was able to take care of her breasts, she was able to take care of her breasts, she was her part on the side, she was her part on the side, she was her hand, and her part on the part of her fingers by her panty, and her part was her part on the part.

3. At the same place: 07:54 on the same day, the Defendant: (a) stated that “the body of ○○ C” was fluort on a son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son, and her her son’s son’s son’s son’.

Summary of Evidence

1. The purport that the promotion was carried out with respect to the Ma○○’s Ma○’s chest, etc. at the time and place of the ruling:

Defendant’s partial statement

1. Examination protocol of the accused by the prosecution;

1. Each legal statement of ○○○○, C, D, and E;

1. Copies of medical records; and

1. CCTV-free video;

1. Copies of the internship training, education, and medical treatment guidelines;

Judgment on Defendant’s argument

1. Summary of the assertion

The defendant and his defense counsel asserted to the effect that the defendant did not commit an indecent act or constitutes a justifiable act inasmuch as there is no fact that the victim's chest and fluor are fluorite, and other physical contact was conducted within the scope of legitimate medical care.

2. Whether the defendant commits an indecent act;

“Indecent act” means an act that causes sexual humiliation or aversion to the general public objectively and contrary to good sexual moral sense, which infringes on the victim’s sexual freedom. Whether an act constitutes an act should be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific circumstances leading to the act, the attitude of the act, and the sexual moral sense in the era (Supreme Court Decision 2003Do7107 Decided July 14, 2005). In this case, regarding the specific form of act, which is the most important factor for the judgment, the victim’s statement and the defendant’s assertion are full-time.

In general, in determining the credibility of a statement by a victim, etc. supporting the facts charged, the court shall assess the credibility of the statement by taking into account all the circumstances, such as the reasonableness, logic, contradiction, or inconsistency with the rule of experience, physical evidence, or the testimony of a third party, which are being taken an oath before a judge, and the appearance and attitude of a witness who is under the influence of her testimony in a public court after being swornly taken an oath before a judge; and as a result, in a case where the statements by a witness, including the victim, correspond to the facts charged alternatively and uniformly, the court shall not dismiss the statement without permission unless there is any other evidence that can objectively be objectively viewed, and thus, there is no evidence that there is no credibility (Supreme Court Decision 2012Do2631 Decided June 28, 2012). < Amended by Act No. 11483, Jun. 28, 2012>

However, the victim of this case was not only in the investigative agency but also in the process of the examination of witness and the examination of sub-examination conducted in this court, and when the defendant made the first visit to the defendant four times, it was sufficient to recognize the credibility of the case, considering the fact that the defendant made a detailed and consistent statement about the major circumstances of the case, such as the fact that he made a statement that he would be able to make a confirmation call in the middle and that he will make a confirmation call in the court, the defendant's attitude of statement in the court can be sufficiently recognized.

3. Determination on various arguments by the defendant

A. Whether the victim's statement is reliable

In light of the fact that the defendant and his defense counsel distorted the victim's first and second promotion time, reversed the statement that the victim's first promotion was an indecent act, and made a statement that is different from the male-friendly C's legal statement, etc. as to whether the victim's fingers were put in his fingers inside, the victim's statement asserts that the victim's statement is not trustable because it is infinite and biased. However, the time of promoting the victim's memory may vary regardless of the actual promotion, and the statement about whether the first promotion was an indecent act is only an ex post evaluation or subjective shot, but it is not about factual relations, and the above statement statement statement statement statement statement statement of C is merely a document that memorys from the victim in the past, and it cannot guarantee accuracy. In light of the above, it is difficult to dismiss without permission the credibility of the entire victim's statement on the basis of the above points.

In addition, the Defendant asserts that the Defendant was gathering the Defendant on the part of the victim with respect to major statements, such as whether the Defendant and witness E, D, and C contact with chests. However, according to each of the statutory exhaustion of the Defendant and witness E, D, and C, it is recognized that the Defendant was suffering from serious mental distress due to the Defendant’s diagnosis of the victim’s body more frequently than ordinary doctors, over a long time and broad area inside the same time, and the victim was sexually involved in indecent conduct from the discharge immediately after the discharge. This case’s complaint is determined based on the above circumstances, but it is only determined that the complaint of this case was made according to the above circumstances, and there was no other motive for the victim’s primary injury to the Defendant by false accusation. If the Defendant, as alleged by the Defendant, had tried to divide the victim’s hearts around the Defendant’s heart at the time, or had prevented her panty, it is difficult to find the reason for the Defendant’s mental pain immediately after the medical examination of the victim.

In addition, the Defendant asserts to the effect that there is a possibility that another intention might be involved in the complaint because the victim did not give an opportunity to explain to himself/herself immediately after the treatment. However, even if a patient without expertise in medical practice or law is subject to acts of sexual humiliation in the course of medical treatment, it is difficult to immediately raise an objection in the presence of a doctor, and it is a network theory as to whether legal problems can be raised or desirable. Accordingly, it may normally occur from the end of the complaint. Accordingly, it cannot be suspected that the victim's CCTV was confirmed only through the male-child system without immediately filing an objection or demanding an explanation with the Defendant or another medical personnel at the time of the treatment, and then the victim filed a complaint with an investigative agency by the intention to gain unjust profits.

The Defendant asserts that CCTV was installed in the ceiling, and around that time, in light of the situation that there was a guardian of another child patient in the vicinity, the victim’s intrusion was located in the mouth at the time, and the CCTV was installed at the time, and all around that time, and did not capture the CCTV up to detailed action. However, since the Defendant covered the victim’s gate, it is determined that the Defendant’s ice conduct of diagnosis was a possible situation. Thus, such circumstance does not interfere with the recognition of credibility of the victim’s statement.

B. Whether the defendant's assertion is reasonable

On the other hand, the Defendant asserted that it was only the treatment provided as it was as it was through various guidelines at the time of the instant case, but it is difficult to accept in light of the following circumstances, which were duly adopted and investigated by the court.

First of all, as the Defendant relied on voluntary omission of the Cheongjin specified to be implemented before and after the promotion in the Guide and excessive promotion thereof, it cannot be said that the Defendant had followed the Guide. It is difficult to readily understand that the young female victim did not have any misunderstandings compared to the Defendant’s promotion that the young female victim covered the Guide.

Furthermore, since the Defendant had been in practical training and became within 2 months after acquired the qualification as a doctor, it is ordinary attitude for the Defendant to actively acquire the treatment techniques in practical practice and to reflect whether his method of treatment is appropriate or not, rather than based on the guidelines. However, the Defendant was unable to accurately understand the cause of the victim’s pain even after having completed the medical examination as specified in the guidelines through the promotion of the first and second stages of the instant case. However, in such a case, it was necessary to verify the additional method of medical examination conducted by a major, etc. without such efforts, as it is not dependent on the guidelines, and thus, it was necessary to verify the additional method of medical examination conducted by the major, etc. in practical practice. In addition, it was argued that the Defendant was ordinarily unable to verify the major, etc. by being aware of the duty burden or performance rating, but it is inappropriate for the Defendant to change the method of medical examination that the Defendant had taken at the time of the instant medical examination for any reason.

Furthermore, the Defendant had completed the second promotion and administered a disguised drug. The victim already complained of pains on the part of the hospital visit from the time of the second promotion, and the second promotion was the Defendant’s medical examination to additionally verify whether the victim was a witness due to a ductal disease. Therefore, it is difficult to understand that he administered a disguised drug after the second promotion of the second promotion. Furthermore, in the case of the third promotion, it is difficult to understand that the Defendant did not use the second promotional process in response to the second promotion, on the ground that he would have no effect on the part of the victim again at 15 minutes and 50 seconds from the time of the second medical examination, and that the victim would have no effect on the part of the victim. In particular, even though the effect of the second promotion could not be seen to have been seen to have been sufficiently at a time, it is difficult to understand this fact at the time of the second promotion of the second promotion. In particular, the Defendant did not claim that the second promotional process and the second promotional method were carried out in accordance with the second medical examination and treatment.

This point is not only a doubt about the rationality of the defendant's assertion, but also a circumstance that leads the defendant to conceal that there was an intention to commit an indecent act against the defendant, along with the contents of the victim's statement as seen earlier.

4. Conclusion

Therefore, all of the facts charged in this case are proven, and the defendant's act cannot be viewed as a justifiable act because it is difficult to recognize it as a work due to its contents and circumstances. Thus, all of the above arguments by the defendant and his defense counsel cannot be accepted.

Application of Statutes

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

Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Selection of Imprisonment)

1. Aggravation for concurrent crimes;

Article 37(former part of Article 37, Article 38(1)2, and Article 50(3) of the Criminal Act

Punishment provided for in the Act on Special Cases concerning the Punishment of Violence Crimes)

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Order to attend lectures;

Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Grounds for sentencing

○ The time for the instant crime was long, and the victim was suffering from severe mental distress immediately after the instant case.

In addition, the defendant suffered suffering in the course of investigation and trial, and the defendant has only once suffered the victim.

In the absence of expression of the intent to commit the crime, the choice of imprisonment is more severe than the nature and circumstances of the crime.

○ However, the Defendant graduated from the law school of medical science, which has no previous criminal record; and

2 months after the date this case occurred and has become retired after several months; and

Then, while passing the law school entrance examination, imprisonment without prison labor or heavier punishment is currently underway;

In the case of a judgment of suspended sentence or suspended execution, the fixed period for acquiring the qualification of an attorney;

The execution of punishment shall be suspended in consideration of the fact that disability occurs (Article 6 of the Attorney Examination Act)

An order to attend a sexual assault treatment lecture is added in consideration of the details, circumstances, etc. of the crime

Personal Information

1. Duty to submit a report (where conviction is finalized on the facts constituting a crime as indicated in the judgment);

Article 4(1) and (2) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes ( December 18, 2012)

42(1)

1. Whether to issue an order to disclose or notify: There are special circumstances not to issue such order;

Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse.

The proviso to Article 49 (1) and the proviso to Article 50 (1).