Violation of the Act on the Protection of Juveniles against Sexual Abuse (Indecent Acts such as Fraudulent Means), children and juveniles

Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Quasi-Indecent Act)

Violation of the Family Act;

[Defendant-Appellee]

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours. Information on the defendant shall be disclosed and notified for five years.

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims B;

The Defendant served as a full-time professor of Cschool, a DNA University Foreign Professors, a E University Foreign Professors, a F University Foreign Professors, a German president exclusive Dolst, A Italy H music Institute professor, a member of the Korean and foreign sexual music beer, etc., and has held multiple performances, etc. in the Republic of Korea and abroad, and is in a position to exercise considerable influence on the Korean sexual music.

At around 2011, while the Defendant contributed to the fixed program as an examiner of 'K', the Defendant: (a) designated the second grade student of the middle school who contributed as 'L' around November 201; (b) directed the victims of sexual intercourse once a week; (c) started from March 2013 when the victim was admitted to a high school to Germany from March 201 to April 201; (d) managed the victim's performance, profit, prize money, support money, etc.; (e) managed the victim's performance at his/her residence; (e) protected, supervised, and nurture the victims; and (e) provided sexual intercourse guidance to the victims.

가. 피고인은 2014.10.28. 23:30 ~ 24:00경 서울 용산구 M에 있는 주택 2층 피고인의 주거지 내 작은방에서 잠을 자기 위해 누워 있는 피해자(남, 17세)의 옆에 누워 팔과 다리를 이용하여 피해자를 감싸 안고, 몸을 비틀면서 거부 의사를 표시하는 피해자의 젖꼭지를 손가락으로 집어 누르고 피해자의 성기를 손으로 잡고 주물러 피해자의 성기를 발기시킨 뒤 위아래로 흔들어 사정하게 하였다.

The defendant continued to say that "I will not see that I will see that I will see I will see I will tell I will tell I will tell I will see I am in I am? I will see I am in I am in I am, after dancing, I am in I am in I am, I am in I am am in I am and am am in I am, I am am am in I am in I am, and I am am in I am am in I am, and I am soon in I am.

Accordingly, the Defendant committed a similar offense against a child or juvenile by force.

나. 피고인은 위 가항의 일시로부터 약 1주일 후인 2014. 11. 초순 어느 날 17:00 · 18:00경 위 가항 기재 피고인의 주거지 내 안방에서 낮잠을 자고 깨어난 피해자의 옆에 누워 피해자를 껴안고 손으로 피해자의 젖꼭지를 만지고 피해자의 성기를 주물러 발기시킨 뒤 입으로 빨아 사정하게 하였다.

From the back of the victim who continued to return back to the defendant, the defendant she saw the victim her sexual organ into the victim’s her son’s her son, and inserted the victim’s sexual organ into several times in the victim’s resistance by force. Accordingly, the defendant saw the victim as a child or juvenile by force. The defendant sent the victim’s cell phone word “A by a large number of times” at the Defendant’s bed from the Defendant’s bed in the Defendant’s place of residence to the victim’s bed from the Defendant’s bed against the Defendant’s bed, at around 0:01:00 on November 201, 201 after the date of the above paragraph (b) above, the Defendant sent the victim a cell phone word “A by a large number of times” to the Defendant’s bed from the Defendant’s bed against the Defendant’s bed against the Defendant’s bed against the Defendant’s bed against the Defendant’s bed against the Defendant’s bed.

The Defendant continued to catch the head of the victim’s sexual organ toward the Defendant’s sexual organ, putting the victim’s sexual organ into the Defendant’s entrance, and immediately cut the victim’s sexual organ into the victim’s sexual organ, and scam the victim’s sexual organ, and scam the victim’s sexual organ. Accordingly, the Defendant scam the victim, who is a child or juvenile, by force.

2. Crimes against the victim N;

The Defendant, who was the friendly son of the above, had the victim N in Seoul High School from March 2014 to February 2, 2015 at the Defendant’s residence, had the victim appear together, and had the victim protected, supervised, and nurtured.

(a) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

On March 1, 2014, between 23:00 to 24:00, the Defendant, as indicated in the above paragraph (a) of Article 1, told the victim (mam, 16 years of age) who was taking a locked for himself at the inside of the Defendant’s residence, and the victim’s typeB, who was in charge of the victim’s sexual organ by hand, and then rhhs down the victim’s sexual organ and rupture, and rhs down the victim’s bucks. Accordingly, the Defendant committed an indecent act against the child or juvenile by force.

(b) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

On November 5, 2014, at around 10:00, the Defendant, at the inside and outside of the residence of the above Defendant, accumulated cryp to the victim’s panty, knife the knife, knife the knife, knife the knife of the victim, and knife the victim’s sexual organ.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental disorder or inability to resist.

3. On December 2014, the victim victim victimO, who violated the Act on the Protection of Children and Juveniles against Sexual Abuse, was aware of the Defendant, while staying in the Defendant’s residence for approximately one week after going to Seoul in order to spread the above B, which was a senior frighter in the first place.

On December 1, 2014, between 23:00 to 24:00 on the first day of December 2014, the Defendant 2014, at the inside and outside of the Defendant’s residence as described in the above paragraph (a) above, the Defendant 1 was a farmer with respect to the sexual relationship with the victim ( South Korea, 17 years old), B, and the above N. In addition, the Defendant 1’s sexual intercourse with the victim at one hand, saying, “I am her own victim,” and she her sexual intercourse with one hand.

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

Summary of Evidence

1. Each legal statement of witness B, N,O, P, and Q;

1. Partial statement of witness R in the court;

1. Some statements of the suspect interrogation protocol against the accused at the prosecution twice;

1. Some statements made by the police once a protocol of suspect examination of the accused;

1. Each prosecutor's protocol of statement against B, N, andO;

1. Each police statement made to B, N,O, P, S, T, or U;

1. Some statements in the police statement concerning V;

1. Investigation report (to attach a public performance poster closure data for the date and time of damage), investigation report (a statement of damage sent by the injured party B to his/her wife), investigation report (a statement of damage sent by the injured party B to his/her wife), and investigation report (a confirmation of W message sent by the injured party B and his/

1. Application of Acts and subordinate statutes to a suspect's protocol-written statement, defense counsel's opinion (W dialogue between the suspect and B in each case of the attached documents 1-1, 2, and 3, and evidence records 631-728);

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

Articles 7(5) and (2)1 (a) of the Act on the Protection of Children and Juveniles against Sexual Abuse) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7(5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 (a) of the Criminal Act, Article 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 (a) of the Criminal Act, Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 (a) of the Criminal Act.

1. Aggravation for concurrent crimes;

The violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (aggravating concurrent crimes prescribed in the crime of sexual intercourse, such as deceptive scheme) under Article 1(b) of the judgment with the largest sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

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. Order to disclose and notify;

Determination on the assertion of the defendant and defense counsel under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Judgment on the unspecified assertion of facts charged

A. Summary of the argument

The instant facts charged No. 1-B and C, respectively, are clearly indicated as “17:00 to 18:00 on the first order of November 2014,” and “1:00 on the first order of November 201, 2014 to 00:0 on the first order of November 2014,” so it is impossible to exercise the right of defense of the Defendant. Therefore, the facts charged cannot be deemed to have been specified.

B. Determination

The purpose of Article 254(4) of the Criminal Procedure Act, which requires the specific elements of the facts charged, is to facilitate the exercise of the right of defense by specifying the scope of defense of the accused. As such, the facts charged are sufficient to specify the specific elements to the extent that it is possible to distinguish the specific facts that meet the requirements for the formation of the crime from the other facts, and the time of a crime referred to in the above provisions of the Criminal Procedure Act, can be stated to the extent that it does not conflict with double prosecution or prescription. Therefore, even if the date of a crime is not specified in the indictment, the statement is not contrary to the extent mentioned above, and in addition, if it is inevitable to indicate the time in light of the nature of the crime, and it is deemed that the exercise of the right of defense of the accused is not impeded (see, e.g., Supreme Court Decision 97Do1211, Aug. 22, 1997).

In light of the above legal principles, considering the following circumstances revealed by the evidence presented in the judgment, the facts charged in the instant case cannot be deemed as not specified, and thus, the Defendant and the defense counsel’s allegation in this part is rejected.

① The facts charged of this case include the time, place, method and circumstances of the crime in addition to the date of the crime.

② While denying that the Defendant did not engage in any sexual act against the victim B, the Defendant presented as evidence the statements of the victim and the witness living together with the Defendant, and presented the message sent to the Defendant by the victim B at the time of committing the instant facts charged, and exercised the right of defense.

③ The date and time of the crime under Article 1-b and (c) of the instant facts charged was specified as a reasonable ground for the Defendant’s crime. The victim B, which was the first mouth school, and the first time after seven to eight days, was the damage to the anti-stigious intercourse, memoryd the damage under Article 1-b of the facts charged, and memoryd the damage under Article 1-C of the facts charged by the time when the 1-B was avoided.

④ In light of the facts charged in the instant case, the victim B committed the instant crime more than three years from the time when the first investigation was conducted by the police, and the fact that there was an resistance and an oral intercourse similar to the time zone repeatedly since October 28, 2014, and thus, the victim B was limited to memory of each of the instant charges, it is difficult to accurately state the date and time of the instant crime more accurately than the instant facts charged.

2. Judgment on each of the facts constituting an offense

A. Summary of the assertion

The defendant is not in a position to exercise considerable influence over sexual intercourse, and there is no fact that the victims have engaged in similar livering and indecent conduct.

B. Determination

1) Determination on the facts constituting the crime against the victim B

The term “defluence” under Article 7(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse refers to the ability sufficient to suppress the victim’s free will, and is neither tangible nor intangible, it is possible to use the social, economic, and political status or authority of the offender as well as assault and intimidation. The issue of whether the offender has sexual intercourse with another person as a “defluence” should be determined by comprehensively taking into account all the circumstances, including the content and degree of force exercised, the type of the offender’s status or authority, the victim’s age, the relationship between the offender and the victim before the offender, the background leading to the act, the form of specific act, and the circumstances at the time of the crime (see, e.g., Supreme Court Decision 2007Do4818, Aug. 23, 2007);

In full view of the following facts and circumstances admitted by the evidence of each judgment, the credibility of the victim's statement can be sufficiently recognized, and the defendant can be recognized as having committed the act of similarity to the victim by force as stated in the facts constituting the crime in the judgment of the court below. This part of the defendant and the defense counsel is not acceptable

A) Whether the Defendant’s exercise of power against the victim

In light of the following facts and circumstances, the Defendant is deemed to have been in a position sufficient to suppress the victim’s free will at the time of each crime as the victim’s sexual intercourse and the victim’s sexual leader and the protection and supervisor who had influence on sexual intercourse in relation to the victim.

(1) Around 1988, the Defendant graduated from D University Art Music Division, Austria, and Germany for studying in the Republic of Korea in 1993. Around 2010, the Defendant got back to Korea from 2011, and was able to contribute to the “J program” as a sexual mentor, while guiding the potential sexual mentist. In the above program, the Defendant led the public figures to the 'Salymmetricist'. The Defendant also led the Defendant to the public figures as the representative of the 'J' program performers since 2012, as well as the domestic conductor, sexual saves, the general public (e.g., the Y) and the 2010s, as well as the 'Y14th of the domestic events', the Defendant contributed to the domestic music leader, the 'Y', and the 'Y14th of the domestic events' to the broadcasting industry.

(2) The victim was under the direction of the defendant from 14 years of age due to the "J" program that he did not receive professional music education while growing in the Mayang-si. However, it seems that the victim was under the direction of the defendant and transferred to Seoul where he did not have any other way after entering the Mayang-si high school, and the defendant was living together with the defendant. The victim seems to have been under the direction of the defendant, and entered several bees in 2013, and was under the command of the defendant in 2014 (see No. 7), and was more trust and will of the defendant about sexual music (see No. 1) in 2014 and 2015. Moreover, considering that the victim's home was sufficiently high school and 3 years in 2015, it was difficult for the defendant to think that he did not have the goal of success in the crime of this case at the time of committing the crime of this case.

(3) 피해자는 구강성교 행위가 있기 전부터 피고인이 성기나 젖꼭지를 만지는 등 추행하는 것을 거부하지 못하였다. 2015년 피고인과 피해자 사이의 문자메시지를 보면, 피고인은 피해자가 자신의 지시를 어기거나 거짓말을 하는 것과 같은 일들이 있을 때 피해자에게 '집에서 나가라'고 하면서 화를 냈고, 피해자는 피고인이 화를 내는 것이 다소 비합리적이고 지나쳐 보이는 상황에서도 피고인에게 사죄하면서 자신을 지도해 달라고 애원하였음을 알 수 있다(증거기록 648 ~ 646, 654 ~ 657, 661~ 671, 703 ~ 707쪽), 피해자는 어떤 상황에서는 면전에서 피고인을 거스르는 것을 매우 두려워하였던 것으로 보인다.

(4) At this court and investigation agency, the victim stated that, at the time of the first crime of paragraph (1) of Article 1 of the judgment that there was an oral intercourse, when the defendant, at the time of the first crime of paragraph (a) of the same Article, the victim was able to sing the victim's head to the Defendant's sexual intercourse, and that if the defendant refused the defendant's request, sing the defendant would be unable to sing. The victim first asked the defendant to sing the defendant for the development of sexual intercourse even at the time of the first crime of Paragraph (b) of Article 1 of the judgment that there was an oral intercourse. In addition, the victim stated that if the victim did not want to sing to sing the defendant for the development of sexual intercourse, sing the victim's salgora, the victim was the victim's salna, and that he did not refuse the defendant to salking the victim as the crime of paragraph (3) of the judgment of

B) The credibility of the victim’s statement

(1) With respect to each of the facts constituting the crime set forth in Article 1 of the holding, the victim has made a concrete and detailed statement that is difficult to make a statement without direct experience, such as the time and place of the crime, the method of the crime, the situation before and after the crime, the Defendant’s speech and behavior, etc., and consistent with the statement.

(가) 판시 제1의 가항 범죄사실과 관련하여, 피해자는 '피고인이 젖꼭지를 손가락으로 집으면서 누르다가 손을 자신의 성기에 갖다 대 주물럭거려 '이러면 제가 발기돼서 안 됩니다. 그만하시죠'라고 하니, '괜찮다'고 하며 성기를 주물러 어쩔 수 없이 발기가 되었다. (증거기록 171쪽), '피고인이 자신의 손을 피고인의 성기에 갖다 대고 흔들어 달라고 하여서 하고 싶지 않아 성기 잡은 손을 움직이는 듯 마는 듯하니, 피고인이 피해자의 머리를 피고인의 성기가 있는 쪽으로 밀어 자신의 얼굴이 피고인 성기에 밀착되었다. (증거기록 172쪽), '피고인이 자신의 머리를 성기 쪽으로 밀어 얼굴이 피고인의 성기에 닿았을 때, 자신의 허리도 불편하다 보니 몸이 펴져 피고인과 티(T) 자세가 되어 성기를 빨아 준 것이다. (증거기록 173쪽)라고 진술하여, 직접 경험해야 알 수 있는 범행 당시 상황을 세세한 부분까지 진술하였다.

(B) With respect to the crime of the 1B crime of the holding, the victim stated that "I am l't see if I am l' before and after the crime. (176 pages of the evidence record, 10 pages of the witness examination of B), 'I am l' and am l'. The defendant am l't l't l't l't l't l't l't l't l't l't l't l't l't l't l't l't g't l't l'. (17 pages of the evidence record), 'I am l't l't l't l't l't g l't l't l't l't l't l't l't l't g l't l't l't l't g g l't g l't l't g g l't l't l't g l't l't g.

(C) With regard to the facts stated in Section 1(c) of the judgment, the victim sent to the Defendant the word “A”, i.e., “A., a vegetable n, which is a vegetable by another person at a self-sing time, her earphones and talks with his earphones. The Defendant sent the word “A.” (181 pages of the evidence record) to the Defendant. On the other hand, the victim made a statement that “A. B., if several kinds of persons are in the house,” she sent the word “A.” (188 pages of the evidence record and 14 pages of the witness examination record of B).

In light of the screen of the Defendant’s closure, such as text messages, the following facts are confirmed: (a) the Defendant sent text messages to the victim; (b) on November 13, 2014; (c) the Defendant sent the Defendant’s text messages (Evidence No. 640 pages); (d) on April 14, 2015; (b) 00:42:0:00:00:49: or 00:49; (c) the Defendant sent the text messages to the victim; and (d) the sending of text messages to the victim (Evidence No. 697,698 page); and (c) this conforms with the victim’s statement that the Defendant sent text messages, etc. during the night hours following the end diving.

(D) At the time of the first investigation by the police, the victim stated that the crime scene No. 1 of the crime scene No. 1 of the No. 1 in the judgment at the time of the first investigation by the police takes place in "the intermediate room of the No. 1 (MM)" and "the room of the charge", which falls under "the room of the defendant who returned to the last time" and "the room of the victim's seat", and "the room of the above map" and "the room of the charge of the crime" are specified as "the room of the crime". However, considering that the bill of this case clearly states that the first place of the damage is "the intermediate room of the above map" in this court, the victim merely expressed that the victim returned to the room at the time of the crime and did not make any change in the statement about the place of crime.

(2) 피해자는 피고인이 이 사건 범행 전에도 평소 '어깨동무를 하고 있다가 성기를 만지거나, 운동하고 샤워를 할 때 성기를 만지기도 하고, 잠에서 깨울 때 성기를 만지기도 했으며, 젖꼭지도 찌르거나 손가락으로 집을 때가 많았다. (증거기록 175쪽), '피고인은 몸이 통통한 사람들을 보면 팔과 가슴을 만지면서 '오 내 스타일이 야'라는 농담을 자주 하였다. (증거기록 198쪽), '같이 살았던 몸집이 비슷한 다른 사람들한테도 추행을 하였다(B에 대한 증인신문 녹취서 9쪽).', '여자들이 나오는 노래방 이야기도 자주 하고, 몇 명이 같이 갔는데 입으로 해준 여자가 다른 사람은 냄새가 나는 데 이 오빠는 냄새가 안 난다'는 식의 성적인 자기 경험에 대하여 많이 이야기하였다.' (B에 대한 증인신문 녹취서 13쪽)고 진술하였다. 이와 관련하여 N, 0의 진술 외에도 다음과 같이 피해자의 진술을 뒷받침하는 진술과 정황들이 보인다.

(A) The Defendant’s residence was 12 square meters in South Korea, and R, while living in the above residence, took a shower with the Defendant, the victim, and the N in the bath of the above residence. The Defendant stated that R was 3 pages of the examination record (the three pages of the examination record of R).

(나) 2014. 8. 말경까지 피고인과 함께 기주하였던 P은 '잠들기 전인 밤 11시에서 12시 사이 피고인이 옆에서 젖꼭지를 쓰옥' 만졌던 일이 2, 3회가량 있었고, 이에 '이러는 거 정말 싫어한다'고 거부 의사를 밝혔으며 피고인이 만질 수 없도록 이불을 감싸 안았다.'고 진술하였다(증거기록 82, 83쪽). 이와 관련하여 피고인은 'P과 이불을 감싸고 간지럼 피우고 뭐 이런 장난을 쳤지요.'라고 진술하였다(증거기록 332쪽). (다) 피고인의 F대학교 제자인 U은 '2013. 6. 말 아침 10:00 ~ 12:00 피고인의 집에서 잠을 자고 있는데 아침에 피고인이 들어와서 옆에 눕더니 야한 농담을 하다가 성기를 주물럭거려서 손을 뿌리치자 '아들 같아서 U이 물건 좋데'라며 말끝을 흐리다가 계속 성기를 주물렀고, 하지 말라고 하였음에도 계속 성기를 만져서 몸을 돌려 엎드리니 피고인이 방에서 나갔다. (증거기록 448쪽), '같은 날 밤에 잠을 자려고 누웠는데 피고인이 옆에 누워서 또 다시 성기를 주물럭거려서 몸을 돌려 누워버렸다'(증거기록 449쪽)고 진술하였다.

(라) P은 '피고인이 피해자의 성기를 '툭툭' 쳐서 피해자가 '어 선생님 왜 그러세요.'라고 말했던 것을 본 기억이 있는 것 같다.'고 진술하였고(증거기록 84쪽), 이 법정에서 '피고인이 피해자의 젖꼭지를 비트는 동작으로 만지는 것을 몇 번 본 적이 있다.(P에 대한 증인신문 녹취서 7쪽), '피해자가 '선생님이 젖꼭지를 만진다'라고 얘기한 적이 있다.'(P에 대한 증인신문 녹취서 9쪽)고 진술하였다. 그리고 U도 '2013. .

6. Around the end of the month, the professor asked the victim whether he or she was sexual intercourse with his or her sexual organ when he or she was dead (Evidence No. 450 pages of evidence records).

(마) 2016. 1.경부터 2016. 11.경까지 피고인과 함께 거주하였던 Q은 '2016. 3.경 거실에서 피고인이 '성관계를 좋아하는데 통통한 사람이 좋다'고 야한 농담을 하였고, 잠을 자려고 먼저 방에 들어가서 누웠는데, 피고인이 들어와 옆에 누워 있다가 젖꼭지를 손가락으로 원을 그리듯이 만져서 막으면서 하지 말라고 하였다. (증거기록 104쪽, Q에 대한 증인신문 녹취서 2, 3쪽), '피고인이 습관처럼 '통통한 사람이 좋다'고 말하였다. (Q에 대한 증인신문 녹취서 3쪽)라고 진술하였다.

(3) After October 28, 2014, the victim made a statement that he/she had been studying in Germany into Germany during a day from April 28, 2016 to April 2016 that he/she had been sexual intercourse with 1,2 times per week, and that time had been mainly set at night prior to diving, and was similar in the same manner. Considering that a similar crime was repeated, and that at the time of investigation, one year or more has already passed from April 2016, the victim’s deep damage was memory and that he/she was unable to memory the subsequent damage. In addition, the victim’s specific statement that he/she was sexual intercourse with the Defendant from the AB hotel located in the Dong-gu in Gwangju-gu, Gwangju-gu, Gwangju, around September 2016 at this court and investigation agency, that he/she was sexual intercourse with the Defendant (Evidence evidence record 189, 190, a record of witness examination on B, 14, and 15th of the victim’s latest injury cannot be memoryed until the victim’s memory.

(4) With respect to last damage, the victim made a statement that he/she had an resistance even after September 2016, which was stated as the last damage at the time of the police investigation (the 50 pages of the witness examination record of B). However, it is due to the fact that the victim made a statement about the last damage, which was either numerical and ex officio, that is, the victim’s statement about the crime of this case. Thus, it is not a circumstance to lower the credibility of the victim’s statement concerning the crime of this case.

C) Details of the report, and motive for false report

(1) Examining the circumstances leading up to the filing of the report by the victim, the victim was only passive to reveal the instant crime even after the distance between the Defendant and the Defendant on April 2017, and even after the distance between the Defendant and the victim, the instant crime was subsequently revealed due to an opportunity to commit the instant crime and the influence of the surrounding people, and there is no doubt about the details of the report.

On August 20, 2017, when the victim calls for contact with the defendant, who was suspected of the defendant's incomprehion, the victim was asked about whether the victim was indecently committed by the defendant, and the victim was asked about whether he was sexually committed by the defendant. On August 25, 2017, the victim sent a written statement that "the defendant was sexually sexually sexually sexually sexually and sexually sexually sexually sexually sexually, and the victim was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually.

(2) The victim is a student whose face and name are exposed by the broadcast contribution and who wishes to be successful in the future, and it is difficult to view that the Defendant made a false report even when he was aware of the fact that the Defendant, who was a male student, had sexual intercourses with the old sexual intercourses between the Defendant and the old sexual intercourses in 32 years of age, was aware to the public solely on the ground that the Defendant embezzled and interfered with his private life.

D) As to Alba, the Defendant and his defense counsel asserted that it is impossible for the Defendant to commit the crime because the Defendant was at a place subsequent to AC’s annual meeting in Seocho-gu Seoul Metropolitan Government during the time of committing the crime under paragraph (1) of the judgment.

However, as evidence No. 17-6 (Written text messages between the Defendant and AD), AD sent the message to 'AE' on October 28, 2014, which was the conductor of the tobacco-based conference, and it is only possible to find out that the Defendant sent the message to 'AE', and whether the Defendant sent the message to 'N' at any time from the place of the following call is unknown.

In addition, subparagraph 2 (AD statement) of the evidence was ordinarily followed by 24:00 or 01:00 on the following day, but on October 28, 2014, the participatory and the participatory on the day and the participatory on October 28, 2014, and only there was a defendant who behind the evidence Nos. 3 (AF statement). Even if the evidence Nos. 2 and 3 were collected, it seems sufficiently possible to keep the back of the defendant's dwelling at around 23:30 to 24:00 on October 28, 2014, which is the time when the crime of this case was committed under the judgment of the court below, and it was impossible to do sexual assault at the part of the defendant's residence, and it was impossible to do so from the middle part of the crime of this case to the police officer from August 28, 2014 to the point of residence of this case, opening his/her residence at the latest and opening his/her domicile.

However, the situation in which persons living together, including V, can be aware of all acts of the defendant or victim.

Unless there are special circumstances to deem that the defendant had been living together, it is difficult to find out the criminal defendant who committed the crime committed by visiting the time and place that the defendant would not be dismissed from living together, and it is not impossible to view the criminal act itself in the dwelling in the judgment.

F) The appearance of the victim and the defendant around

(1) V, AG, R, and AH stated to the effect that they were closely related to the victim and the Defendant, and that the victim was waiting for the Defendant, and that the victim did not seem to have suffered mental shock.

However, in light of the fact that the victim had already been aware of the indecent act of the defendant, and that the defendant had already been aware of the indecent act of the defendant, and that the victim had no choice but to deel the defendant for success in the sexual intercourse, the victim was also very slick to reveal the fact of sexual assault, and the victim actually concealed the fact of damage for one time after the relation with the defendant, and there is no empirical rule that mental shock from sexual assault naturally revealed out, even if the victim seems to have no problem, it may not be a circumstance to suspect the existence of the crime of this case.

(2) In light of the fact that the victim was unable to refuse a sexual act to maintain a relationship in which the victim could help the defendant get a help, the victim was holding the Defendant’s bridge on the television (9 pages of the witness examination of Q), and the victim did not suspect the existence of the crime of this case merely because the victim had shown a more closely-friendly figure among the defendants, considering that he did not refuse to engage in the sexual act in order to maintain a relationship in which the victim could get a help from the defendant (395 pages of the evidence record). Rather, in general, this cannot be seen as a matter of course, the victim was aware that the victim was aware that he was extremely aware of the sexual physical contact with the defendant.

G) Text messages sent to the Defendant by the victim

(1) 피해자는 판시 제1의 가항 범행이 있은 다음 날인 2014. 10, 29. 밤, 2014. 10. 30. 아침 피고인에게 여자친구와 여행 가는데 필요한 용돈을 달라고 부탁하며 애교를 부리는 이모티콘을 썼고, 2015. 1. 10. 피고인에게 "아이 쌤 왜그러셔요" 하며 하트 이모티콘을 붙이기도 했으며, 그 밖에도 피고인을 '서울아빠'라고 하는 등 피고인에게 좋아하고 사랑한다는 표현을 썼던 것으로 보인다(증 제17-1호). 그러나 피해자가 2016. 4. 유학을 가기 전까지 피고인의 전적인 보호·감독 아래에서 지내야 했던 점, 성악을 배우기 어려운 형편이었던 피해자로서는 피고인의 도움이 절실하였고, 판시 제1의 가항 피해 당시부터 피해자는 이미 피고인에게 노래를 배우기 위해 그의 요구에 따라야 한다는 생각을 하였던 점, 피해자가 독일 유학을 앞둔 2016 년과 독일 유학 중인 2017년 피고인에게 보낸 문자메시지에는 이전과 달리 피해자의 의견을 비교적 강하게 개진하는 모습이 보이는 점(증거기록 672 ~ 682쪽, 710 ~ 723쪽), 피해자는 어쨌든 피고인에게 성악을 배우면서 고마운 마음도 있었던 것으로 보이는 점 등에 비추어보면, 피해자가 피고인의 마음에 들기 위한 문자메시지를 보낸 것이 이 사건 범행의 존재를 의심케 하는 사정이 될 수는 없다.

(2) In addition, around 2015, the Defendant got the oral intercourse to the Defendant. At the time of making it clear that the victim had to report a man’s person who was sexual intercourse with the Defendant (No. 17-5). However, considering that at the time, the victim was under the full protection and supervision of the Defendant and was in need of help of the Defendant, the victim may be deemed to have injured the Defendant on behalf of the Defendant, and the existence of the instant crime may not be doubtful. Rather, these circumstances are circumstances supporting the Defendant’s non-existence of a man’s person who was a male, using the power.

아) 그 밖에 진술증거에 대하여 V, R, AH은 피고인이 피해자의 성기나 젖꼭지를 만지는 모습을 본 적이 없다고 진술하고 있고, AJ, AK, AL도 유사한 취지로 진술서를 작성하였다.

그러나 위 사람들은 피고인에게 도움을 받거나 가까운 인적 관계에 있는 점, 피해자도 2015년경 피고인의 남자 제자가 피고인에게 구강성교를 당하였다고 하였을 때 피고인에게 유리하게 증언하겠다고 하였던 점(증 제17-5호), 2014. 8.경 까지 피고인과 함께 거주했던 P은 피고인에게 우호적임에도 이 법정과 경찰에서 피고인이 피해자의 젖꼭지 만지는 것을 보았고, 피해자의 성기를 툭툭 치는 것도 보았으며, 피해자가 피고인이 피해자의 몸을 만지는 문제에 대해서 상의를 한 사실이 있고, 피고인이 잠들기 전누워 있는 자신의 젖꼭지를 만져 거부한 적이 있다고 진술한 점, 피고인의 제자 U도 경찰에서 피고인이 자신에게 잘해주었다고 하면서도 피고인이 자신이 잠을 잘 때 옆에 와서 성기를 주물렀다고 진술한 점, Q도 이 법정과 경찰에서 피고인이 잠자려고 누워 있는 자신의 젖꼭지를 만져서 거부하였다고 진술한 점 등에 비추어보면, 위 증인들의 진술을 그대로 믿기 어렵고, 위 사람들이 인지할 수 없는 상황에서 추행이 있었을 가능성이 높은 점을 고려하면 위 진술들이 공소사실에 배치된다고 볼 수도 없다.

2) Determination on the facts constituting the crime against the victim N

In full view of the following facts and circumstances admitted by the evidence of each judgment, the credibility of the victim’s statement may be sufficiently recognized. The defendant commits an indecent act against the victim by force as stated in the crime of paragraph (1) of Article 2, and recognizes the facts of indecent act using the victim’s state of mental or physical disorder or of failing to resist as stated in the crime of Paragraph (b) of Article 2 of the judgment. The defendant and the defense counsel do not accept

A) As seen in Article 2(a) of the Defendant’s exercise of power against the victim (see, e.g., Section 2-A) of the instant crime, the Defendant was a malicious person with influence over sexual intercourse, and the victim’s malutist B’s malutical leader and the victim’s malutical leader and supervisor. The victim was unable to engage in any further inquiry because he/she could have caused damage to the Defendant’s heart, and the victim was also in need of protection, the only year of transfer to Seoul to Seoul for the purpose of studying the victim’s malute. In light of these circumstances, the Defendant was in a position sufficient to suppress the victim’s free will at the time of the instant crime.

B) The credibility of the victim’s statement

(1) With regard to the facts of the crime of Paragraph (a) of Article 2 of the judgment, the victim was at least two days after entering a high school at one time in the police investigation, and at the same time, the victim was first able to commit an indecent act against the defendant among March 2014, 2014. At the time, the victim, as to the method of the crime, situation at the time of the crime, etc., was accumulated in the room, along with B, with the Defendant’s visit, and the victim was able to turn on the door and flick. (45 pages of the evidence record), "B and the victim were covered by their own interest," and "W and the victim were able to report the fact," but the victim was able to take up about 10 minutes with the son who was living in the direction of her body, and 4 minutes of the defendant's body was flickly removed (46th of the evidence, but 6th of the defendant's body's body's body's ar.

In the three-time investigation of the police, the victim stated that the victim was covered with kneee and knee and knee when he was able to do so when he was about to do so."(Evidence No. 790)"(Evidence No. 790), ‘B', ‘No. 791(Evidence No. 791)'(Evidence No. 792). The victim stated that the victim was covered with knee and knee when he was able to do so.

In this court, the victim stated that "the defendant takes possession of the bucks by the defendant, and first called "the body good fucks", and then sent the bucks to the sexual flag, and then the defendant came back to the bucks again (1 pages of the witness examination of N), "bucks from the bucks to the bucks, and again caused bucks." (11 pages of the record of the witness examination of N), "(11 pages of the witness examination record of N)", and "the body is back to the bucks." The victim stated that "the bucks continue to take part in N (13 pages of the record of the witness examination record of N)."

In light of these statements, the victim has made a concrete and consistent statement on the fact that the defendant has taken over the victim's side and caused buckbucks and sexual instruments.

(2) With respect to the crime of paragraph 2(b) of the holding, the victim stated that he was the last indecent act committed by the defendant at the time of the investigation into the police once. From the end of December 2014 to the end of January 2015, the victim made a statement that he was unable to take care of his body within the large room that he was locked with B, and that he was able to take care of his panty, and that he was able to take care of his her panty, and that he was able to take care of his her body, and that he was able to take care of his 4th day after he was able to take care of his her body, and that he was able to take care of his her her body, and that he was able to take care of 5th day after he was able to take care of his her body, and that he was able to take care of 10th day after he was able to do so.

(3) In addition to the facts stated in the judgment, the victim stated a specific part of the facts that he/she should have directly experienced the victim while he/she committed an indecent act against the victim or sexually piced against the victim.

피해자는 '이와 누워서 자려고 하는데 피고인이 들어와서 성기를 만지면서 '성관계 해봤냐', '얼마나 해봤냐, 어땠냐'고 물었고, '0가 먼저 잠이 들어 배를 바닥에 대고 누워 낱말 퍼즐을 하고 있는데 피고인이 갑자기 들어와서 돌아누우면서 인사를 하니까 옆에 누워서 반바지 밴드 사이로 손을 넣어 팬티 위로 성기를 만졌다'라고 진술하였다.(증거기록 49, 51쪽). 그리고 마지막 피해가 있은 날 밤 10시경 피해자가 누워서 휴대폰으로 '신세계'라는 영화를 보고 있는데 피고인이 와서 거실로 나가 인사를 한 후 다시 방으로 돌아와 영화를 봤고, 얼마 지나지 않아 B도 들어와 잠을 자려고 누워 있는데, 피고인이 방에 들어와 피해자의 성기를 만졌다고 진술하였다(증기기록 53쪽, N에 대한 증인신문 녹취서 7쪽).

또한, 피해자는 피고인이 '할아버지 할머니가 손주의 성기를 만지는 것은 괜찮은데 왜 다른 사람이 만지는 것은 안 되냐'고 말하고, 샤워를 하러 들어가는 피해자에게 '자위를 하고 와라'고 말하기도 하였으며, 여자친구를 만나러 가는데 '이것 좀 봐봐' 하면서 휴대폰으로 야동을 보여준 적도 있다고 진술하였고(증거기록 50쪽), '피고인이 자신에게 배에 난 털을 보여달라고 하고, 허벅지를 만지다가 성기를 만졌다'라고도 진술하였다(N에 대한 증인신문 녹취서 4쪽),

(4) With respect to the facts constituting the crime of Paragraph B of Article 2 of the judgment of the victim, there was a somewhat unclear statement as to whether B was in the same room as B, whether B was seated, and whether B was witnessed, etc. However, these points consistently make a statement that the victim who committed an indecent act while enjoying the floor was unable to accurately identify, and that the victim was able to display earphones and Handphones. In addition, the victim talks with B,O, and the Defendant, and thus, it cannot be viewed as contradictory to the victim’s statement that B,O, and the Defendant did not listen to the victim’s talks or that it was impossible for B,O, and the victim made a statement that B, as he did not listen to the victim’s talk about the damage.

(5) The Defendant and his defense counsel asserted that it is impossible for the Defendant to produce the sexual organ of the victim in the situation that B is immediately next to the Defendant’s judgment, but considering that B used the instant payment separately from the victim and reported Handphones by earphones, and that B was the wife subordinate to the Defendant, it cannot be deemed that the Defendant was unable to commit the crime.

C) The fact that the victim sent the text message to the Defendant that the victim sent the text message to the Defendant was sent the text message that reported daily life from July 2014 to July 2015, and that the victim sent the text message to the Defendant on April 2016 to April 2017 (No. 17-2) is recognized. However, the victim appears to have reported during the period under the protection and supervision of the Defendant in accordance with the instructions given by the Defendant, and the victim can be deemed to have provided courtesy personnel in consideration of the relationship between B and the Defendant, and it is difficult to expect that the victim would have expressed an offright speech against the Defendant with the social status sufficient to contribute to broadcasting. In light of the above, such text message may not be a circumstance to doubt the existence of the instant crime.

3) Determination on the crime of the victim

In full view of the following facts and circumstances acknowledged by the evidence of each judgment, the credibility of the victim’s statement can be sufficiently recognized, and the fact that the defendant forcedly commits an indecent act against the victim as stated in the crime of paragraph (3) of the judgment. This part of the defendant and the defense counsel cannot be accepted.

A) The credibility of the victim’s statement

(1) At the time of the investigation into the crime, the victim had been suffering from 11 p.m. before and after the first 2014. 12. At the time of the crime, 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim', 'the victim, '.

Considering that the victim is the victim B and N, there is no motive and reason to make a false statement.

(2) At the time of the police’s statement one time, the Defendant was unable to take figures before the Defendant’s sexual organ was viewed as her birth and her friendship, but at the police’s second statement, the Defendant made a statement to the effect that B and N could not be seen as her sexual phone was reported. However, the victim’s statement cannot be said to be contradictory to this part because, regardless of whether B and N were reported or not, her indecent act was committed in the same place with him/her.

또한, 피해자는 2014년 당시 피고인이 B의 젖꼭지가 세워질 때까지 문지르면서 만지는 것을 여러 차례 봤다고 하면서도 B가 방학기간 중 광양에 있을 때 피시방에서 피고인에게 성폭행당한 사실을 말해줘서 처음 알게 되었다고 진술하였는데, 이는 피해자가 이러한 추행을 목격할 당시에는 피고인의 구강성교, 항문성교 행위까지는 알지 못하였고, 남성이 남성의 신체를 만지는 행위의 심각성을 인지하지 못하였기 때문으로 보일 뿐이므로, 이 부분에서 피해자의 진술이 모순된다고 할 수 없다.

On the other hand, unlike the statement that the victim had suffered damage in the room, this Court stated that this Court stated that the place of crime is the room for the crime, whether it is a ward, or not, and that the defendant was in the place of crime, and that the N made an ambiguous statement as to the above crime, and that the N made a statement that he was unable to memory the above crime. However, in light of the fact that at the time of the statement in this court, the victim had been living in the same space as B and N for more than three years from the date of the occurrence of the damage, and that at the time, the victim has consistently made a statement that he had been in the same space as B and N (8 pages of the record of the examination of the witness), B and N reported a Handphone before locked, and that it is difficult for both B and N to memory the victim’s indecent act on a daily basis, it cannot be deemed that these circumstances have undermined the credibility of the victim’s statement.

In addition, N statements that the victim left the victim and the defendant expressed that he was aware of his sexual organ whenever the victim talks about the victim (8 pages of the witness examination record of N) support part of the victim's statement that the defendant made the victim's sexual organ and made the statement that he made the victim's sexual organ.

B) It is recognized that the victim of the W message sent by the victim to the Defendant asked the birth of the Defendant at Seoul, or sent the Defendant a W message containing his audit personnel, etc. (No. 17-3). However, compared with B and N, the victim merely committed an indecent act to the extent that the victim was committed once, and the victim had no choice but to contact with the Defendant in terms of age and social status. In view of the difference between the victim and the Defendant in terms of age and social status, it cannot be said that such W message is a circumstance under which the Defendant would have no choice but to serve as a courtesy for the victim.

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

2. Scope of recommendations according to the sentencing criteria;

(a) Basic crimes and concurrent crimes: Types 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (determination of types of indecent acts, such as deceptive means) and the violation of the Act on the Protection of Juveniles against Sexual Abuse;

[Recommendation and Scope of Recommendation] Imprisonment of 5 years to 8 years (Basic Area)

B. The scope of final sentence due to the aggravation of multiple offenses;

From 5 to 14 years of imprisonment: (i) the upper limit of the basic crime + the upper limit of the first concurrent crime + the upper limit of the second concurrent crime + 1/2 + the upper limit of the second concurrent crime)

3. Determination of sentence;

There is no history of punishment in addition to a fine once for the defendant, and the criminal defendant's wife wants to take the defendant's action.

However, the victim B, due to the special circumstance of broadcasting contribution, entered into a private agenda with the defendant, and trusted and trusted the defendant who caused sexual intercourse without receiving a large amount of expenses, and was committed against the defendant as he was aware that he could not be successful as his sexual intercourse without the help of the defendant.

피고인은 피해자 B가 전문적인 성악 교육을 받기 어려운 환경에 있고, 성악가로서 성공하기 위해 자신의 도움을 절실히 바라면서 자신에게 의지하고 있음을 알면서도, 이를 이용하여 피해자 B를 자신의 전적인 지시 · 보호·감독 아래에 두고 순종을 강요하고 약한 정도의 추행을 반복하다가 피해자 B가 피고인에게서 벗어날 수 없는 단계에서 구강성교, 항문성교까지 하였다. 피고인은 상습적으로 자신에게 저항할 수 없는 지위에 있는 남성들을 상대로 성기나 젖꼭지를 만지는 등 추행을 하면서 통통한 남자에 대한 성욕을 표출해왔는데, 피고인은 외부에서는 피해자 B를 아들이라고 하며 부모와 같은 보호자 노릇을 자처하면서도, 은밀한 곳에서는 피해자 B를 자신의 성욕을 배출하는 수단으로 이용하면서 상당 기간 반복하여 피해자 B를 상대로 구강성교, 항문성교 행위를 하였다. 피고인은 피해자 B뿐만 아니라 그 동생인 피해자 N, 친구인 피해자 0를 상대로도 스스럼없이 추행을 저지르며, 자신의 지배 아래 있는 남성이라면 나이에도 상관하지 않고 성욕의 대상으로 삼았다. 게다가 피고인은 L으로 유명한 피해자 B에게 수회 공연을 하게 하면서 이익을 얻고 있었음에도 몰래 피해자 B 이름으로 계좌를 개설하고 수익을 보관하면서 이에 대하여 피해자 B와 그 부모에게 알리지 아니함으로써 피해자 B를 이용하여 자신의 경제적 이익을 추구하는 모습까지 보였다. 이 사건 범행으로 피해자들뿐만 아니라 피고인을 신뢰하고 있던 피해자 B, N의 부모도 큰 충격에 빠져 신체적·정신적 고통을 겪고 있으며 피고인에 대한 처벌을 강력하게 원하고 있다. 그런데도 피고인은 전혀 반성하지 아니하고 도리어 피해자들을 비난하고 있다.

Considering these circumstances, a sentence of heavy punishment on the defendant is inevitable.

In addition, the defendant's age, character and conduct, family relations, motive and circumstances of the crime of this case, and various sentencing conditions shown in the records shall be determined as ordered by considering the following factors.

Registration of Personal Information

Where a conviction becomes final and conclusive on each crime in the judgment, the defendant constitutes a person 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 is obligated to submit personal information to the competent agency pursuant to Article 43

Judges Kim Gin-young

Judges, Senior Jins