2013Gohap462 Assault, Intimidation, Intimidation, and Act on the Protection of Children and Juveniles against Sexual Abuse

Violation (Indecent Act such as Fraudulent Means, etc.) and coercion

○○ (00000 - 00000) - Duty-free

The head of Ulsan-gun, the head of the Sin-gun, the head of the Sin-gun, the head of the Gu

(No. 000) No. 000

Reference domicile Seongdong-dong, Seongdong-gu, Seoul

Kim Hero (Lawsuits) Haak, Haak, Cho Young-hee (Trial)

Law Firm Jeong-Un, Law Firm

Attorney Park Jong-hwan and Kim Won-won in charge

March 25, 2014

A defendant shall be punished by imprisonment for not less than six months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Of the facts charged in the instant case, the charge of intimidation, each public conflict, and the charge of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts such as Fraudulent Means) on July 2012, and each coercion is acquitted.

Facts of crime

From around 2007, the Defendant operated a dormitory against students who were unable to adapt to Korean schools in the Republic of Korea.

1. Violence against the force of the victim to ○○;

A. On August 201, 201, the Defendant assaulted the victim on the back water of the victim on the hand floor on the ground that the Defendant ○○○○ (18 years of age) was a student admitted to the said dormitory in the deaf-gu located in the ○○ Dormitory located in the Republic of Korea of the Philippines, Meeta, or Pstrate ○○○○.

B. On October 28, 2012: (a) around 00, the Defendant, at the above ○○ dormitory restaurant around October 28, 2012: (b) made the said victim immediately found his/her pro-dong Kim ○○; (c) obstructed the victim by making him/her visit the victim’s bucks part on a hand.

C. On November 14, 2012: (a) around 00, the Defendant, on the ground that the Defendant did not take any measures to the extent that he had been raised at the above ○○ dormitory up to the time of the death of the scam being raised therein; (b) made the said victim scam scam with plastic pipe, and assaulted the victim by making the victim scam and bucks at the victim’s scam

2. Compelling the victim to force ○○.

On October 2012, at around 20: 00, the Defendant forced the above victim to alcohol at a restaurant located in the Qropool City, and forced the victim to drink “I am to drink? I am to drink? I am to drink? The Defendant threatened the victim to drink alcohol, and caused the victim to perform a non-obligatory act by intimidation.

3. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against the victim's lectures to ○○○.

around January 2012, the Defendant reported that ○○○○○○ (the 16-year-old age) of a student admitted to the said dormitory was fast in the dormitory room of this ○○○○○○ (the 16-year-old age), and “whether or not he knows about the gender?” The Defendant left the victim’s sexual organ with the victim’s sexual organ flick, and knife it by hand. Accordingly, the Defendant committed an indecent act against the juvenile by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement made by the witness ○○, Gangwon-do, and Kim○○;

1. Each legal statement made by the witness Do○○ and Park ○○;

1. A medical certificate;

Application of Statutes

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

Article 260(1)(a) of the Criminal Act, Article 324(a) of the Criminal Act, Article 7(5) and (3)(a) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11047, Sep. 15, 201; hereinafter the same shall apply)

1. Aggravation for concurrent crimes;

Articles 37 (former part of Article 37, Article 38 (1) 2, and 50 of the Criminal Act / [Aggravation of concurrent crimes with punishment (within the scope of adding up the long-term punishments of each of the above crimes) prescribed for the crime of violating the Act on the Protection of Sex Offenses of Children and Juveniles with the largest punishment];

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances in favor of the reasons for sentencing)

1. Order to complete programs;

Articles 4 and 21(2) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 11572, Dec. 18, 2012)

Judgment on the argument of the defendant and defense counsel

1. The assertion;

Although there is a fact that the defendant allowed the victim to drink at the date, time, and place specified in Paragraph 2 of the ruling, the defendant did not speak as stated in the ruling.

Although the defendant has committed an act identical to that stated in paragraph (3) of the judgment, the above act does not constitute an indecent act.

2. Determination

A. Forced the victim's lectures to the victim ○○.

According to the aforementioned evidence, the Defendant, at the time specified in Paragraph 2 of the judgment of the lower court, sent the same horses as indicated in the judgment to students, such as victims, Do○, Gu○○, and Do○○○○, etc., and had the beer in a dormitory, and continued to be beer in a dormitory with approximately 40 soldiers and the beer in a dormitory, while entering the dormitory, and the victims continued to engage in a large number of beer, but the Defendant may fully recognize the fact that the Defendant continued to have the right to beer. Accordingly, the Defendant and the defense counsel’s assertion is not acceptable.

B. In light of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Fraudulent Means, etc.), an indecent act against the victim’s lecture ○○○ refers to an act that objectively causes a sense of sexual humiliation or aversion to the general and average person in the same place as the victim, and goes against good sexual morality, and thus infringes on the victim’s sexual freedom against the victim. Whether an indecent act constitutes such an act ought to be determined by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the act, circumstances leading to the act, specific manner of the act, surrounding objective situation, and sexual moral sense in the time (see, e.g., Supreme Court Decision 2011Do7164, Jan. 16, 2013).

그런데 이 사건에 있어 피고인이 피해자의 성기를 움켜쥐거나 성기를 튕기는 행위를 한 것은 그 접촉 부위나 방법, 범행 시각과 장소, 사건의 경위, 피해자의 성별, 연령 및 피고인과 피해자의 관계 등에 비추어 볼 때 객관적으로 피해자와 같은 처지에 있는 일반적 · 평균적 사람으로 하여금 성적 수치심이나 혐오감을 일으키게 하고 선량한 성적 도덕관념에 반하는 행위로서 피해자의 성적 자유를 침해한다고 봄이 타당하므로 추행에 해당한다. 따라서 피고인 및 변호인의 위 주장은 받아들이지 아니한다 .

Reasons for sentencing

1. The scope of punishment by law;

From June to June 200

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes and violations of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, such as deceptive means);

[Determination of Type] The crime of indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by a juvenile at least 13 years old

[Special Escopic Persons] Where the degree of indecent conduct is weak (requirements for Reduction)

[Scope of Recommendation] One year to two years (the scope of mitigation area)

[General Doessensor Doessor Doessor Doessor Doessor Doessor Doessor

B. According to the sentencing guidelines for the application of the majority crime treatment guidelines, the lower limit of one year is recommended for the defendant [in respect of each of the crimes of assault in the judgment, the recommendation of a basic area of general assault (no special person), the handling of multiple crimes, and the coercion for which the sentencing guidelines are not set, only the lower limit is recommended].

3. Determination of sentence;

In six months of imprisonment, the victims paid approximately one million won to the mother of the victims in the Philippines prior to filing a complaint against the defendant, and the defendant was not tried simultaneously with the case of the 2013 Highest 00, 2013 Highest 000, and the defendant was seriously opposed to the defendant, and the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, victim's age, age, relationship between the defendant and the victim, etc., shall be determined by the same sentence as the order exceeding the lower limit of the recommended sentence according to the sentencing guidelines.

Where a conviction becomes final and conclusive due to a principal offense committed against a child or juvenile who has registered personal information, the Defendant constitutes a person subject to registration of personal information pursuant to Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, the Defendant is obligated to submit personal information to relevant agencies pursuant to Article 5(1) and Article 43 of the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 11556, Dec. 18, 2012).

The proviso of Articles 38(1) and 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11548, Jan. 27, 2012) provides that “where it is deemed that there are special circumstances to prevent disclosure of personal information” as one of the grounds for exception to disclosure order and notification order under the proviso of Article 38-2(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Whether the case falls under this provision shall be determined by comprehensively taking into account the Defendant’s age, occupation, family environment, social relationship, criminal conduct, the degree of disadvantage expected of the Defendant’s prior to disclosure of personal information, the nature of the crime, such as the type, motive, process, consequence, seriousness, etc. of the crime, the degree of disadvantage and side effect of the Defendant’s disclosure order due to the disclosure order or notification order, the effects of the sex offense against children and juveniles, and the protection effect of children and juveniles from sexual crimes (see Supreme Court Decision 2015151467).

The acquittal portion

1. The point of intimidation against the victim's strongO;

A. Summary of the facts charged

On February 2, 2012, the Defendant collected a dormitory from the above ○○ dormitory and written the raise of the students, such as the above victim, etc., in the middle of February 2, 2012, and told that the parents are not adequate in terms of the environment or education to the Republic of Korea, the Defendant shall not be dead. The Defendant threatened the victim.

B. Determination

Intimidation in a crime of intimidation refers to notifying a person of harm that may cause fears, and in order to establish a crime of intimidation, there must be a concrete threat of harm that may be deemed as at least possible. Whether there was an intentional act of intimidation or intimidation in such a sense should be determined by taking into account not only the appearance of the act, but also the circumstances leading to the act, and the relationship with the victim, etc. (see Supreme Court Decision 2011Do2412, May 26, 201, etc.).

According to the evidence admitted earlier, the Defendant made a statement at around 21:0 on February 2012, 200 on the same page as the facts charged on the part of the victim, Do○, Do○○, Do○○, Do○○○, Do○○○, and Kim○○○, etc. before leaving Korea. However, the following circumstances acknowledged by the evidence are as follows: (i) the Defendant’s statement made by the Defendant would cause harm to the parent of the Republic of Korea when she speaks the situation of the Philippines to the Republic of Korea; (ii) the victim did not attempt to go to Korea; and (iii) at the time, the victim could threaten the Defendant’s statement to threaten to go to Korea, and (iv) the damage would be caused.

In light of the fact that it cannot be deemed a intimidation against a person, ② the time and content of the above remarks, and the circumstances surrounding the Defendant’s above remarks, etc., it is difficult to see that the Defendant made it difficult to say that he would not have the parent-child environment if the Defendant went to Korea in the future when he went to Korea, and that he would not go to the Republic of Korea (the victim did not go to Korea in the course of living in the Philippines). Considering the fact that it is difficult to deem that the above remarks of the Defendant would cause fear to the victim. Therefore, it is difficult to see that the above facts charged constitute a case where there is no proof of a crime and thus, the Defendant acquitted the victim pursuant to the latter part of Article 325 of the Criminal Procedure Act.

2. A point of attacking the victim's lecture to the victim ○○;

A. Summary of the facts charged

At around 20:0 on July 20, 2012, the Defendant, at the above ○○ dormitory, remitted money to ○○○○○ in Korea, and thus, he would not use the Internet if he did not pay money. The Defendant saw the victim as above, and she was frighted from the victim who frighted to fright the victim, and 1,000 Pump (the equivalent amount to KRW 27,000) at the same place. 2)

According to the above evidence, the defendant can recognize the fact that he received money from the victim in terms of the expenses of the dormitory. The defendant used only one copy of the student's dormitory at an investigative agency, but he wanted to use the Internet at a rapid speed, and the defendant stated that 4 times money was collected and money was used by the student to do so. Accordingly, the defendant stated that he collected money from the victim and paid money to the defendant.

However, the testimony of Do○○○ and Do○○○ that all students in a dormitory have used the same Internet at a more rapid speed, and that the Defendant said that they would pay the money to a rapid speed, added two times the expenses to raise the speed of the Internet, and the testimony of Do○○○○ that there is a little amount of expenses to pay the expenses to increase the speed of the Internet, and that there is a little amount of the expenses to be paid by themselves, are consistent with the above Defendant’s statement. In light of these circumstances, it cannot be deemed that there is no proof to the extent that there is no reasonable doubt as to this part of the facts charged solely with the statements made by the victim, Do○, and Kim○-○, who seem to correspond to the facts charged. Accordingly, the facts charged constitute a case where there is no proof of a crime, and thus, a not guilty is pronounced pursuant to the latter part of Article 325 of the Criminal Procedure Act.

B. Summary of the facts charged

Around September 2012, the Defendant demanded the said victim to purchase a gift gift from ○○○○○’s secretary at the above ○○ dormitory. However, the said victim rejected the demand, and the said victim rejected the demand, and thus “as soon as possible, she saw. Chewing.” The Defendant saw the victim as such, and she frighted 8,00 pets (the equivalent amounting to KRW 240,000) at the same place from the victim who frighted the victim, thereby making a decision. 2)

As evidence consistent with this part of the facts charged, there is a statement that the victim's statement and the defendant Kim○○ stated that the defendant of the Kim○○ stated that his parents would receive 4,000 money each by 4,000 pieces of money on the basis that he made a false statement to the effect that all students have a thickness in order to prepare a gift of Park○○, which had been in the same manner as

Although the Defendant received money at the expense of Park○-○’s futures, there is no change to the effect that the Defendant did not receive 8,000 copies of money. In addition to the victim’s statement, there is no direct evidence to deem that the Defendant received 8,000 copies of money from the victim at the expense of a gift. In addition to the testimony of Do○○○○○○, ○○, ○○, ○○, and Do○○○, etc. to the effect that he received money from the victim to make a gift by gathering money, it is difficult to deem that the Defendant’s statement made by the victim and Kim○-○ was proven to the extent that there is no reasonable doubt about this part of the facts charged. Accordingly, the above facts charged constitute a case where there is no proof of a crime, and thus, a judgment of innocence is rendered pursuant

3. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, such as Fraudulent Means, etc.) against the victim's Gangwon ○○ on July 2012

of this chapter.

A. Summary of the facts charged

At around 20:00 on July 20, 2012, the Defendant, at the above ○○ dormitory, she set up a shower and set up a net tea that the said victim wants to enter the panty, and spreads the frame containing alcohol into the sexual panty. Accordingly, the Defendant committed an indecent act against the juvenile by force.

B. Determination

“Indecent act” means an act that objectively causes a sense of sexual humiliation or aversion to the general average person in the same place as the victim and infringes on the victim’s sexual freedom, i.e., the victim’s intent, gender, age, relationship between the offender and the victim, circumstances leading to the act, specific form of the act committed against the victim, objective situation in the surrounding area, and the sexual moral sense of that time (see, e.g., Supreme Court Decisions 201Do7164, Jan. 16, 2013; 201Do124, Jan. 16, 2013).

According to the evidence admitted earlier, the Defendant’s sexual presses containing alcohol in the victim’s sexual discipline after completing a shower program may be recognized. Accordingly, the Defendant made a shower to treat spawn as having the spawn of students in the Republic of Korea, and spawn from time to time, and spawn out the spawn containing alcohol to the victim and other students, or spawn out the spawn containing alcohol. However, the Defendant also stated in this court that the Defendant’s act of not only 2-3 times a week to all students in the dormitory, such as Kim○, ○○○, and Kim○○○○, etc., excluding the above spawn of the Defendant’s sexual humiliation, and that the Defendant’s act of not spawnizing or spawnizing the above spawn to the same effect as the Defendant’s act of not spawnizing the Defendant’s sexual humiliation constitutes an average act of spawn or alcohol to the Defendant’s.

4. Compelling the victim to force ○○○.

A. At around December 201, 201 and around June 2012, 2012, the summary of the facts charged is as follows: (a) around 00, the Defendant instructed the said victim, who had been detained by frequent intimidation and assault at ○○ dormitory, to enter experience by accessing the Internet game with the character of the Defendant’s account, and thereby, led the said victim to perform a game by accessing the Defendant’s account, thereby having the said victim perform an act without any obligation to the victim.

B) From 00 to 02:0 on June 22, 2012, the Defendant: (a) connected the said victim to the Defendant’s account in the said dormitory from around 00 to 00 on the following day; (b) caused the said victim to perform a game by intimidation, thereby having the victim perform a game; and (c) caused the victim to perform a non-obligatory act by intimidation. (b)

According to evidence, the victim made a computer game from around 22:0 to 05:0 on June 201, 201, from around 00 to around 02:00 on the following day, from around 00 to around 02:0 on the following day, from 02:0 on the following day, to 02:00 on the following day, it can be recognized that the Defendant was unable to enter the school on the following day. With regard to coercion on December 2, 2011, the Defendant instructed the victim to put an "experienced value" into the Defendant’s game. However, the game at the time of this court’s own testimony is hard to view that the victim did not accumulate an "○○○ ○○ ○○○○○○○○○” game with the victim’s experience. Furthermore, in light of the fact that the victim’s game was too good, the Defendant made an account under his name so that ○○○ was able to make the victim, and the victim did not have been able to see the part of the facts charged.

B. Summary of the facts charged

On December 2, 2012, at around 24:0, the Defendant instructed the above victim at the above ○○ dormitory at around 00, to be aware of himself/herself, and had the above victim be aware of 5 hours, thereby forcing the victim to perform an act for which he/she is not obligated to do so.

2) Determination.

The Defendant stated that, although the victim had had his mind at the time and place stated in the facts charged, it was only about 20 to 30 minutes, and it was only about 20 to 5 hours. However, in this court, the victim himself did not have any physical punishment for the victim even once different from other students, and the victim and Kim ○ stated that the victim and Kim ○ entered the Defendant’s new marriage room with a large amount of learning and carried the Defendant’s wife from the floor, and the victim and Kim ○ stated that he was able to voluntarily come out when the Defendant’s body turns out with the Defendant. In light of this point, it is difficult to view that the Defendant’s statement that corresponds to this part of the facts charged is sufficient to prove that this part of the facts charged is beyond a reasonable doubt, and there is no evidence to acknowledge this differently. Therefore, the facts charged constitute a case where there is no evidence to prove the crime and thus, the Defendant is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act.

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

Judges Park Jong-chul

Judges Soc-young

Judges Park Gyeong-ok