Attorney C

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

The defendant shall be ordered to provide community service for 120 hours and take lectures for the treatment of sexual assault for 40 hours.

On October 5, 2010, the Defendant was appointed as a police officer on April 201, and served as a police officer in exclusive charge of 12 schools from around April 2014 to around August 17, 2016, and the victim D (the victim 16 years of age, female) was enrolled in a school where the Defendant was in charge of, and was under the diagnosis of the "compact with difficulty in human relations, negative self-harm, self-harm behavior, suicide and response, suicide and response, public peace, disorder in emotional adjustment," accompanied by symptoms of the emotional adjustment, and was under continuous mental diagnosis and treatment, and was under the diagnosis of the "compact with the symptoms of the emotional disorder". In school life, school life did not have a smooth communication relationship, and the victim D was under the problem of school violence.

The Defendant, in exchanging with multiple students via E, was on March 31, 2016, while performing his duties as a school police officer, became aware of the victim who had been in contact with his E due to school violence. On April 4, 201, the Defendant became aware of the victim who had been in contact with him. On April 6, 201, the Defendant was able to communicate with the victim by telephone, text message, etc. with the victim, together with the female police officer F in the police station.

In the process, the defendant did not have family protection properly, experienced frequent school violence, etc. between school people, and there are symptoms of 'distinct personality disorder' such as 'distinct behavior' due to difficulty in appraisal adjustment, so that expert treatment and counseling is necessary. A person who wants to contact with the victim, such as himself/herself and the above F, regardless of gender, in case of a person subject to the victim, such as himself/herself and the above F, tried to contact with the victim regardless of gender, and made a call on several occasions a day, and became aware that he/she was unable to have sufficiently mature mental and physical conditions, such as the fact that he/she suffered sexual violence in the past, and even though he/she was pregnant, he/she followed a private life with the victim.

피고인은 같은 해 5. 24. 저녁 무렵 피해자를 집에 데려다주는 길에 피해자가 입술을 내밀자 피해자의 입술에 뽀뽀를 한 후, 5, 27. 저녁 무렵에도 G에 있는 H중학교 앞바닷가 근처 길에서 차를 세워놓고, 다시 뽀뽀를 하였으며, 5. 29. 오후 무렵 피해자가 '보고 싶다'고 연락이 오자 송도에 있는 I 앞에서 피해자를 승용차에 태워 15:00~16:00경 J 유원지 주차장에 주차한 후 피해자와 손을 잡고 J를 산책한 다음, 주차된 승용차로 돌아와 피해자에게 키스하고, 피해자의 목을 빨고, 옷 위로 가슴을 만졌으며, 6. 2. 피해자가 아르바이트 비를 받았다고 고기를 사주겠다고 하여 함께 만나 식사를 한 후 19:00~20:00경 K 부근 차도에 차를 세워놓고 차량 뒷좌석에서 피해자에게 키스를 하고 껴안고 옷 안으로 손을 넣어 가슴을 만지고, 피해자의 가슴을 빨았다. 계속하여 피고인은 6. 4. 18:00경 피해자로부터 '놀아 달라'는 연락을 받자 대신동 우체국 앞에서 피해자를 승용차 조수석에 태워 19:00경 부산 서구 L 변까지 운전하여 간후 주차한 승용차 안에서 피해자가 피고인의 팔을 만지며 간질이자, "자꾸 장난치면 덮친다"고 말하여, 피해자가 "아저씨가 덮치면 어느 정도겠어요?"라고 대꾸하자, 피해자에게 키스하고, 피해자의 목을 빨고, 가슴을 만지고, 빨고, 다시 뒷좌석으로 넘어가 옷을 벗은 뒤 피해자의 음부를 손으로 만지고 입으로 빤 다음 자신의 성기를 삽입하였다.

As the victim complained of the pains during the sexual relation, the defendant stopped, and the defendant sash? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?

As such, the Defendant committed sexual contact with the victim who is a juvenile, and abused the victim by sexual intercourse once. The summary of the evidence is as follows.

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each police statement of the defendant, M, F, N,O, P, and Q;

1. Written statements of D;

1. Each internal investigation report (Evidence Nos. 1, 7, 20, 22, 30, 31, 34, 37, 41, 50 through 52, 56, 58, and 60 of the Evidence List), records of school life detailed matters, records of receipt and handling of sexual harassment, counseling register, details of counseling, student personal career counseling register, records of recording of each victim's statement, text messages, sending, sending, details of receipt, counseling date for D prepared by the F, counseling date for counseling with respect to D prepared by the F, R letters, contents of the field, pictures surrounding the scene, watchkeeping, watch list, E Mesen, contents of investigation report (Evidence No. 65, 66, 70, 71, 74, 76 through 78 of the Evidence List), each computer restoration file, request for release of children or juveniles, confirmation request for admission, consultation request, results of digital evidence analysis conducted by the defendant and defense counsel;

1. Claims by the defendant and defense counsel;

The victim was sufficiently able to exercise the right to sexual self-determination by sufficiently forming sexual values and judgment, and the defendant's physical contact with such victim and sexual intercourse does not constitute "sexual abuse in the Child Welfare Act".

2. Determination

A. Article 2(3) of the Child Welfare Act provides that "the interest of a child shall be first considered in all activities related to the child", and the basic ideology of the Child Welfare Act is that "the child abuse act is defined as "the act of sexual abuse committed by an adult, including a child's guardian, or by physical, mental, or sexual violence or cruel acts that may harm the child's health and welfare or impede normal development, or by a child's protector, or by neglecting or neglecting the child's protector" under Article 17 subparagraph 2 of the same Act. In full view of the legislative purpose of the Child Welfare Act, the basic principle, the contents of the concept and relevant provisions, etc., the sexual abuse prohibited under the Child Welfare Act is an act of sexual harassment, etc. that causes a sense of sexual humiliation to the child, which may harm the child's health and welfare or impede normal development, and whether it falls under such act is objectively determined whether it is an act of sexual abuse, such as the offender and the victim's intent and age, the degree of sexual harm and self-determination of the child, and its objectively.

If he/she fails to sufficiently form his/her sexual value and ability to make a decision and lacks sufficient ability to exercise his/her right to sexual self-determination or to protect himself/herself, it is difficult to expect that he/she voluntarily and seriously exercise his/her right to sexual self-determination with respect to his/her sexual act, even if there are circumstances, such as where a victimized child does not express his/her objection or does not feel physical or mental suffering due to an offender’s act, such circumstance alone alone cannot be readily concluded that an offender’s sexual harassment, etc. against a victimized child does not constitute “sexual abuse” (see Supreme Court Decision 2013Do787, Jul. 9, 2015).

B. In light of the following facts and circumstances, which can be recognized by the evidence duly adopted and investigated by this court, the victim is not only a child of 16 years of age who has not been physically mature, but also a victim is judged to have been unable to exercise his/her right to sexual self-determination due to mental problems, such as boundary-related personality disorders, and the defendant can be found to have committed an act identical to the facts stated in the judgment even if he/she is aware of such state, and thus, the defendant's act constitutes sexual harassment and sexual assault that cause a sense of sexual humiliation to the victim, which may harm the victim's health and welfare or impede normal development, i.e., sexual abuse under the Child Welfare Act. Accordingly, the defendant and the defense counsel's assertion should not be accepted.

1) The victim did not have family protection from the time of her frighting, experienced frequent school violence, etc. among school visitors, and there were symptoms of 'distinct personality disorder', such as 'distinctal personality disorder' due to difficulty in appraisal adjustment, so that expert counseling is needed. A person subject to the victim's frighting, regardless of gender, attempted to her body regardless of gender, made a phone call, etc., not taking account of the other party, and was unable to have sufficiently mature mental and physical conditions, such as having suffered sexual assault in the past.

2) On August 2015, the result of the psychological evaluation conducted by the Busan Sea Center of the Ministry of Gender Equality and Family for the victim at the Busan National University Support Center of the Ministry of Gender Equality and Family (Ministry of Gender Equality and Family: 68, language damage: 66, 4: 74, work-free detention: 87, and 81). (However, there is no desire to perform the task rather than any defect in language damage and sporadism, and it is presumed that the result of the examination is lower than that of non-copic and refused inspection.) In the past, the victim’s condition was that the victim’s intellectual disability (total intelligence: 68, language damage: 66, 4: 74: 87: 87: 81: 80: 10: 200: 20, 2000). It is necessary to provide counseling and emotional experience to Nonparty 1, 2003.

3) On the other hand, the victim tried to contact with the F, a police officer in charge of the Defendant’s East women, by continuously exposing the body, kiscing the body, kiscing the kis, etc., and tried to do so. On the other hand, the victim tried to have a physical contact with the Defendant, who is almost every day through the SNS, etc., by continuously exposing the phone, or who want to do so.”

4) On April 28, 2016, the Defendant asked S for a student counseling on the ground that “the victim is seriously lack of difficulty, and is unable to obtain a professional counselor’s assistance,” and that “the victim should be connected to the Mental Health Improvement Center, etc.” was also asked for a student counseling on the ground that “the victim needs continuous consultation for the recovery of friendship and healthy family life” (the Defendant did not draft the written public notice for the above request for counseling, but directly sent the said public notice to S by facsimile).

5) Around May 2016, the Defendant also reported to a superior police official that “the victim gets a house to the extent that he calls with another student in a correct manner.” Around May 2016, the Defendant directly heard that there was a fact that the victim was sexually indecent act against the victim.”

6) Therefore, the Defendant, even though the victim continued to meet the Defendant and attempted to actively contact with the Defendant, and even if the victim did not express his intention of refusal at the time of sexual intercourse with the Defendant and the victim, seems to have been aware of the fact that it was due to mental problems, such as the victim’s disorder of border character, etc.

7) Meanwhile, on June 7, 2016, immediately after the sex relationship of this case, the victim stated to the effect that "any punishment is not desired because she is good to each other," even though he/she does not want to do so, he/she does not want to do so because he/she does not do so at all, although he/she does not want to do so. The victim injured the defendant, and the victim first wanted to do so." While the victim stated to the effect that "the defendant did not want to do so until her chest was delivered, even though she was not bad until her chest was delivered, it was not numerical and difficult to her sex relationship directly with the demand that she will path, with her sexual organ. Although she did not want any disciplinary action, the victim stated to the effect that "the defendant does not want to do so, but does not want to do so," he/she does not want to do so.

Application of Statutes

1. Article applicable to criminal facts;

Articles 71(1)1-2 and 17 subparag. 2 of the Criminal Act

1. Selection of punishment;

Imprisonment Selection

1. Suspension of execution;

Article 62(1) of the Criminal Act (Taking into account favorable circumstances among the following reasons for sentencing):

1. Orders to provide community service or attend lectures;

The reasons for sentencing under Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse are school police officers exclusively in charge of preventing school violence and guiding aggressor students. It is very likely that the crime committed by establishing a sexual relationship with the victim who is exclusively in charge of the crime.

On the other hand, the defendant is the first offender, who is dissatisfied with the legal principles, but is recognized as a substitute for the facts in the judgment, and is in profoundly against his act, and the victim continued to contact the defendant in the course of sexual contact with the victim, and the victim tried to contact the body of the victim and the defendant first, and the victim did not entail coercion in the course of physical contact and sexual relationship (the victim first does not want any punishment because she is good at our two times. Even though she did not want to do so, she did not want to do so at all, she did not want to do so, and thus, did not want to do so." At the Bara Center on June 28, 2016, the defendant made a statement to the effect that "the defendant's sexual intercourse was covered by force," and that it was hard to say that the defendant's sexual intercourse was made in the course of committing the crime, and that the defendant's sexual intercourse was forced to be removed from police officers, and that the defendant's sexual intercourse was against the victim's will."

If a conviction on a sex offense subject to registration of personal information becomes final and conclusive, the defendant 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 head of a competent police office pursuant to Article