Defendant

Man-Consul

Attorney Cho Jin-hun

A defendant shall be punished by imprisonment for three years.

The 99 days of detention before the date this judgment is sentenced shall be included in the above sentence.

Access information on the accused shall be made available for inspection for five years.

On September 21, 2008, at around 15:00, the Defendant, at the house of Nonindicted Party 1, located in the Busan Sodo-dong ○○○ (Land Number and Do-dong omitted), reported the victim Lee-○ (Y, 5 years of age) and forced to commit an indecent act, and went to the victim with his disturbance.

At the above time, the defendant forced the victim's panty and panty, forced the victim to leave his panty, and continued to leave the victim's panty and panty, and had the victim leave the victim's panty by hand.

Accordingly, the defendant committed an indecent act against the minor victim under 13 years of age.

1. Each of the legal statements made by Nonindicted 1 (2) and Nonindicted 2

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

1. Some statements of each police suspect interrogation protocol against the accused;

1. Each statement made by the police on Nonindicted 1 and 2

1. Partial statement of the police statement against the defendant;

1. The video recording recorded by this ○○, among the CDs;

1. Videos of photographs of the scene of crime;

1. Entry of the victim's camera in the preparation of the victim's ○○;

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

Article 8-2 (3) of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof, and Article 298 of the Criminal Act.

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Order of inspection;

Article 37 (1) 1 of the Act on the Protection of Juveniles against Sexual Abuse

1. Summary of the assertion

A. The defendant is not guilty of committing an indecent act against the victim.

B. Even if the Defendant committed an indecent act against the victim, the Defendant did not commit assault or intimidation to the extent that he could suppress the victim’s resistance. Thus, the instant criminal facts cannot be determined by Article 8-2(3) of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof.

2. Determination

(a) Whether an indecent act is committed against the victim;

(1) The victim's statement, which was recorded as direct evidence of the crime of this case, is the victim Lee ○○. According to this, the victim may express his/her opinion by putting a child-care center at the time of the crime on December 2002, when he/she went to it, which is longer than five years of age, and can be expressed in writing by putting all his/her Korean language at the time of the crime. The victim also has the same ability to distinguish his/her own and his/her refusal to do so, or to distinguish his/her bad and bad behavior and to discern his/her memory, such as his/her ability of memory and memory. The victim clearly expresses his/her criminal history, and the content thereof is also detailed, and the victim expresses his/her sexual character as " king," and it is difficult to describe that the victim is not the victim under five years of age but the victim is de facto.

(2) Furthermore, according to the above evidence, Non-Indicted 3, who is the victim at the time and place of the crime, entered the above crime, was able to take account of the following facts: (a) Non-Indicted 3, who was the victim of tobacco going to the same nature of the crime; (b) Non-Indicted 2 and Non-Indicted 3, excluding Non-Indicted 3, who was the victim, was the victim; and (c) the victim was able to take a shot at the time and place of the crime; and (d) Non-Indicted 2 and Non-Indicted 4, who was the victim of tobacco at the victim’s time and place; and (d) there was no other reason to believe that the victim was an indecent act at the victim’s time and place of the crime; and (d) there was no other reason to have the victim taken a stove with the victim’s stove at the victim’s time and place his stove, and there was no other victim’s stove.

(b) Whether Article 8-2 (3) of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof is applied;

(1) The crime of indecent act by compulsion under Article 298 of the Criminal Act includes not only the case where an indecent act is committed after the other party makes it difficult to resist by means of assault or intimidation, but also the case where the act of assault itself is deemed to be an indecent act. In this case, inasmuch as the assault does not necessarily require that it be enough to suppress the other party’s intent, and the exercise of tangible force against the other party’s will is against the other party’s will, regardless of its force’s boom (see Supreme Court Decision 2001Do2417, Apr. 26, 2002, etc.).

(2) As seen earlier, it is recognized that the defendant exempted from the victim's panty and collected her fingers into the part of the victim's panty, etc. according to each of the above evidence, and as seen earlier, this ○○ does not refuse to do so, and this does not mean that the defendant expressed his refusal to do so at the time of the crime of this case, and according to the above evidence, it is recognized that the defendant expressed his intention to do so even at the time of the crime of this case. If circumstances exist, the defendant's act of cutting off the victim's panty and panty, and putting the fingers into the part of the victim's panty constitutes an assault as referred to in Article 298 of the Criminal Act, and Article 8-2 (3) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof can be applied to the defendant.

(3) Therefore, we cannot accept the above assertion.

1. It is sufficiently recognized that the Defendant’s indecent act by compulsion of the victim at the age of five is causing considerable mental shock and confusion, and such damage may adversely affect the victim’s mental condition and daily life in the long term, the nature of the crime is very bad.

Furthermore, even if the facts charged in this case were to be recognized based on the evidence as they were, the Defendant denied his criminal act from the investigative agency to the end of the criminal act, and even if he did not repent, the Defendant’s criminal act was committed. Furthermore, considering the following circumstances: (a) the victim’s family member knew around the victim that he was aware of the fact that he was aware of the fact that he was aware of the fact that he was aware of the fact; and (b) the victim’s family member knew of the fact that he was aware of the fact that he was aware of the fact that he was aware of the fact; (c) the Defendant may not be punished by a severe punishment; (d) however, the Defendant did not have any other criminal records other than those sentenced to a fine for violation of the Road Traffic Act

2. Where a conviction of the Defendant against the instant crime is finalized, the Defendant constitutes a person subject to registration of personal information under Article 32(1) of the Act on the Protection of Juveniles against Sexual Abuse, and thus, is obligated to submit personal information to the competent agency pursuant to Article 33 of the same Act.

It is so decided as per Disposition for the above reasons.

Justices Shin Young-soo (Presiding Justice) (Presiding Justice)