2016Gohap1381 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

(1) The punishment of sexual crimes, protection of victims, etc.

Violation of the Act (quasi-indecent act by blood relationship), A child;

Violation of the Dong Welfare Act (Habitual child abuse)

A

Orscopic (prosecutions) and semi-catic (public trial)

Law Firm B (Attorney in charge)

September 8, 2017

A defendant shall be punished by imprisonment for five years.

To order the accused to complete a sexual assault treatment program for 120 hours.

Criminal facts

The defendant has continuously performed alcohol while bringing up victims D (n, 18 years of age) and victims E (n, 16 years of age) who are married, and has continuously exercised severe humiliation and violence to victims.

1. Violation of the Child Welfare Act (Habitual child abuse);

A. On May 8, 2008, from around 23:00 to around 03:00 of the same month, the Defendant: (a) broken the victims who was diving while drinking alcohol on the ground that the victims did not feel a wound at the Defendant’s home located in Dongdaemun-gu Seoul, Dongdaemun-gu, for the reasons that the victims do not feel a wound; and (b) taken the victim’s Category D (age 9 at that time) by hand, knife the head, knife the head, and knife the knife the victim’s knife the knife and knife the victim’s E (age 8 at that time) on the hand, carried the knife at the victim’s hand, and taken the body several times by hand.

B. On September 17, 200, the Defendant, at around 17:00, was unable to know the date on September 2009, when the victim E (the age of 9 at that time) went to the victim E on the ground that the victim E was involved in a sudden accident by using the instant cup, and when the Defendant was able to turn off the victim’s knife with his hand.

C. At around 00:00 where the date in the second half of 2009 could not be known, the Defendant: (a) placed a 30-minute entrance door at the above Defendant’s house while drinking the alcohol, and (b) placed the victims with approximately 30 minutes of drinking, but the victims did not open the door on the wind, and (c) took a serious bath for the victims; (d) taken a hand floor of the victim’s D (the age of 11 at that time), taken a buck with her body, taken a buck with her body on the part of the victim E (the age of 9 at that time), taken a buck with the body of the victim E (the age of 9 at that time) on the hand, and taken several bucks with golf bucks.

D. On December 16, 2009, from around 18:00 on the same day to 20:00 on the same day, the Defendant met with the shoulder of the victim E (the age of 11 at that time) in a golf loan and met with the shoulder of the victim E (the age of 9 at that time) who was going beyond the string, and met with the hand of the hand, and met with the hand floor so that the bucks can be cut down and bucks.

E. From September 2012 to November 201 of the same year, the Defendant, from around 19:00 to around 23:00 of the same day, was able to know the date between the police officers in the middle of the same year, and from around 19:0 to around 23:00 of the same day, I am late at the home of the Defendant’s home of Seocho-gu Seoul Seocho-gu H apartment 00-dong 00 and 000, and her wife and her wife took a bath for the victims without a telephone, and her her hand took a bath for the victims, and her body was taken several times with her head of the victim D (the age of 14 at that time) by hand, and her body was taken several times with his/her hand, leading the head debt of the victim E (the age of 12 at that time) to her body and was her bucked with his/her hand floor.

F. From April 2014 to May 201 of the same year, the Defendant, at around 21:00, was unable to know the date between the police officers in the middle of the same year, at around 21:0, on the ground that the victim D (the age of 15 at that time) was able to take a serious bath against the victim D while the Defendant was in a marital fighting with the wife at the home of the Defendant as described in the foregoing paragraph (e) and the wife, and followed the victim D’s body at a time.

G. On July 15, 2014, from around 21:00 to 22:20 on the same day, the Defendant left the front part of the Defendant’s house to the victim D (the age of 15 at that time) on the ground that the Defendant only posted Taekwondo to the victim D (the age of 15 at that time) while working in the Defendant’s house from around 21:0 to around 22:20 on the same day. The Defendant laid down the front part of the Defendant’s house on one occasion with the victim D’s hand, while taking a serious bath against the victim D.

As a result, the defendant habitually abused children's body.

2. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof;

피고인은 2008. 여름 일자를 알 수 없는 15:00경부터 같은 날 16:00경까지 사이에 위 1의 가.항 기재 피고인의 집에서 낮잠을 자고 있던 피해자 D(당시 9세)의 옆에 누워 손으로 피해자 D의 귀를 만지고 입으로 귀를 핥고 손으로 피해자 D의 가슴과 음부를 만졌다.

In this respect, the defendant committed indecent act against the victim D by taking advantage of the victim's blood victim's failure to resist.

3. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

The Defendant, from 22:00 to 23:00 the same day, from 22:10 to 23:00 the day when he was unable to know the date when he was in the second half of 2010, she saw the victim E (at that time 10 years old), who was trying to sleep by drinking alcohol on the Defendant’s house as stated in the above paragraph 1-A. The victim E, who was in the victim E, her body, was frighted, she was fright to fit the victim, she was fright to fit the victim, and she was kne and keled, she was kneed with the Defendant’s chest and kne kel, and kneed to the victim E’s kne, and was aware of how she will fright be frighted to the victim E’s kne.”

Accordingly, the defendant committed an indecent act on the victim E by force.

Summary of Evidence

1. Each prosecutor's statement concerning D and E;

1. Each statement made by the victim D or E contained in two written video CDs in D or E;

1. To send a written confirmation of the fact of counseling the victims of sexual assault, such as investigation report (Attachment of chest photographs of the victims), investigation report (the details of 112 reported and the application for expenses incurred in temporary accommodation of the victims), investigation report (the E-mail of the victims), counseling day for the victims of sexual assault, and counseling document for the victims of sexual assault;

1. Each counseling day, a detailed statement of handling a report case, and a written permission to apply for expenses incurred in relation to temporary accommodation of a victim;

1. Sponsor photographs, field photographs, and golf bond photographs;

1. Habituality of judgment: Recognition of dampness in light of the method of crime, frequency of crime, and the fact that the same kind of crime has been repeated for a relatively long time;

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

A. As to the crime No. 1

Although the Defendant has somewhat exercised physical power in the process of severely punishing the victims, there is no serious assault as stated in the facts charged in Article 1 of the Criminal Act. Moreover, even based on the facts charged, habituality is difficult to be recognized, and it cannot be deemed that there was a negative change or physical damage to the victims to the extent that the victims’ body was injured.

B. As to the facts constituting the crime Nos. 2 and 3

The defendant did not have committed any sexual act identical to that stated in Articles 2 and 3 of the facts constituting an offense against the victims.

2. Determination

The Defendant denies that there was no fact that the victims were assaulted, quasi-indecent act, or indecent act by force, as stated in the facts of the crime committed in its consistent from the investigative agency to the court. Among the evidence submitted by the Prosecutor, the victims’ statements in the police and the prosecutor’s office are flexible and other evidence are insufficient to recognize each of the above crimes because the victims’ statements are based on the victims’ statements or the other evidence itself is insufficient to acknowledge each of the above crimes. Thus, the issue of this case is whether the victims’ statements are credibility or credibility.

In particular, the victim D states that the former police and prosecutor's office's statements are reversed in this court that there is no fact that he or she was sexually indecent act against the defendant. Thus, in the case of victim D, it is a question whether any of the statements in the police and prosecutor's office and the statements in this court is more reliable.

A. Determination on the credibility of the victims' statements

Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the victim’s police and prosecutor’s statement by the victim who committed an indecent act or indecent act by force as stated in the facts charged No. 1 as indicated in the judgment of the court. The credibility of the statement by the police and prosecutor’s office is sufficiently acknowledged. According to the above statements, the victim’s assault and indecent act by force as stated in the judgment of the court can be sufficiently acknowledged. Accordingly, the defendant and the defense counsel’s assertion is rejected.

1) Determination as to the statements of victims

A) The credibility of statements made by the police of the victims and by the prosecution

(1) Details of the victim D's statement

(A) With regard to paragraph 1-A (A) of the decision, the victim D suffered damage at the police station's fourth grade of elementary school, on May 8, 200, at night 11:00 p.m., on May 8, 200. Since no money was available at the time, she made her statement to the public that she would have been working in the school rice strawet market and that she would not have any sex. After that, she was her drinking and making a sound, she was her face when she was her headed and she was her headed. At the beginning of the face, she was her headed and led, and she was she was her headed with the same string, and she was she was 5 times or more, and she was she was she and she was able to suffer from the 5th day of birth, and she was she was able to suffer from the 8th day of birth."

(B) With regard to paragraph 1-C (C) of the holding, the victim D, at the police station, she was a 4-5-year wintering of elementary school, and she was a scarb in the Aionto Medical Center that the Aion to Aion to Aion to Aion to Aionto Medical Center and she was a her head in the house. While she was suffering from a drug in the Aionto Medical Center, she did not have a 30-minuted 1-hour notice. After that, she began with a two-year-year-old her face when she wanted to turn her face, and she was her face when her face was her faceed. The victim she made a statement that she continued to put her face into a her head and continued to have his/her body her body by inserting her body about 10-minutes (Evidence No. 54 or 566).

(C) With regard to paragraph 1-d. of the judgment, the victim D d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d k.

(D) With regard to paragraph 1-e (e) of the decision, the injured party D expressed his desire to take the 6th grade of "middle school" in the police, and at the 6th grade of that elementary school, that she was late to enter her arm's length with no strings. At first, she took a brush and her desire to take a balon and her each other by making a balon the balon the floor, which was short of her part and taken a balonon, and she took a balon when she was able to take a balon, and she was able to take a falon the balon at the time she was faloned. When she was falon, she was faloned with her head at the time she was falon and she was faloned with her head at the time she was faloned with her body.

(E) With regard to paragraph 1-f (f) of the decision, the victim D was able to satisfy the first grade of the high school in the police, 4th year in the first grade of the Taekwondo City held by Seoul City, and satisfyed the satisfy in the preceding day of the Taekwondo City held by Seoul. The victim D was satisfying the satfy, leading the satfy head, leading the satfy, leading the satfy, leading the satfy. The satfy was in the room, but the satfy, coming into the satfy, making the satfy in order to make the head of the satfy, making the sat, satfy, sating the satfy, making the satfy face, making the satfy satfy sat at the body.

(f) With regard to the matters set forth in the decision No. 1, the victim D called "matho" at the police station before the end of June, 2014 or the beginning of July, 2014, and the victim D called "masto" at the house after the completion of Taekwondo and then called "masta" to the police station at the same time as the Doshe would be the head of the house. The police station arrived at the house, and the police station first arrived at the house, and entered the house when the police station first arrived at the house, and entered the house. The victim D called "math" at the police station at the end of June, 2014 and called "matho" to leave the police station for the first time, and later, the victim 4 picked the police station at the right time, and later the victim she made a statement to the right of the police station.

(사) 판시 제2항에 관하여, 피해자 D은 '초등학교 4학년 때, 아빠가 낮술을 먹고 집에 들어왔다. 그때 집에 나 혼자 있었고 침대에서 낮잠을 자고 있었는데 침대위로 올라왔다. 처음엔 그냥 옆에 누워있나 싶었는데, 귀를 만지고 핥기 시작하면서 옷 속으로 손 집어넣고, 가슴 만지다가 핥고 팬티 속으로 손을 집어넣어서 주므르다가 아 이건 아니다 싶고 너무 싫어서 잠에서 깬 척하면서 빠져나왔다.'라는 내용의 진술서를 제출하였고(증거기록 제23쪽), 경찰에서 조사받을 당시 '성추행은 정말 이거는 아니다. 싶을 정도 그런 거 두 번 있었다. 초등학교 4학년 때 여름방학 거의 마지막 쯤 내 방침대에서 낮잠을 자고 있었는데 아빠가 낮술 먹고 들어왔다. 집에 혼자 있는 상황이었는데 아빠가 침대에 올라와 옆으로 누웠다. 처음에 귀를 만지다가 혀로 핥았다. 약간 몽롱한 상태에서 계속하여 가슴을 손가락으로 문지르는 식으로 만졌고 생식기를 손으로 쓰는 듯하게 만졌다. 이거는 진짜 아니다 싶어서 깬 척하고 손을 치우고 나왔다. 피해가 한번 더 있었는데 두 번째 피해는 잘 기억이 나지 않는다.'는 취지로 진술하였다.

(Evidence Records No. 64 to 72 pages)

(2) Details of the victim E’s statement

(A) With regard to paragraph 1-A (A) of the decision, the victim E was born on May 8, 200 at the police station at the second grade of elementary school, and was inside the mother at the time of reporting the gift. On the next day, the victim E was aware of the fact that she was late at the night of 10th century and she was faced with her abucking. The victim was aware of the fact that she was her son at the latest, and that she was her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hersher her her her her her her.).

(B) In relation to Paragraph 1-b(b) of the holding, the victim E stated that the police officer “at the time of the kindergarten, at the time of the kindergarten,” she entered the room on the ground that she was found to have been in the middle grade of 3 elementary school in September, and that she was in the middle grade of 200. However, the victim E stated that she was in the middle grade of 100 to 107 of the record (Evidence No. 105 to 107 of the record).

(다) 판시 제1의 다.항과 관련하여, 피해자 E은 경찰 및 검찰에서 '엄마는 동생이 아파서 병원에 가있고 집에서 언니랑 자고 있었다. 아빠가 새벽 12시 반쯤 들어왔는데 밖에서 욕하면서 문을 열라면서 발로 문을 차고 있었다. 문을 열어주니 욕을 하고 짐볼을 걷어찼고, 의도적으로 문을 안 열어준거라고 하면서 언니 뺨을 때리고 내 뺨도 때렸다. 그 다음 골프채를 꺼내더니 엎드리라고 해서 골프채로 10대 이상 맞았다.

그 후 아빠가 누워 있으라고 하여 언니랑 누워있는데 아빠가 분이 안 풀렸는지 발로 머리를 밟고 세 대씩 발로 찼다.'라고 진술하였다(증거기록 제110 내지 112쪽).

(D) With regard to paragraph 1-d. (d) of the holding, the victim E stated in the police that "The victim E stated that "the fourth-year life day of an elementary school is drinking and then scarbling a prin, scarb, scarb, scarb, and scarbbbbbling at the house to the extent of six (6) times, with low scarbbbling, she was fluent with the shoulder when her was fluent with the shoulder, and her buckbuck in the house." (Evidence No. 107 to 109 of the evidence record).

(E) With regard to paragraph 1(e)(e) of the holding, the victim E, who was first fit by the police, was able to get the phone from the phone, and thus, she became able to get off. So, while she takes a strong test, she was able to get off the phone, who was able to take off the phone, and she was able to take off the phone, and she was able to take off the phone.

아빠가 약간 미친 것처럼 돼가지고 막 침뱉고 머리를 잡아 끌고 다니고 언니랑 엄마도 엄청 맞았다. 이때가 맞은 거 중에서 제일 심하게 맞은 것 같다. 식탁에 카레 같은 게 있었는데 그거 다 엎고, 주방에 갑자기 가더니 그릇 같은 거 다 깼다. 뺨 맞고 발로 밟히고 그런 식으로 하다가 엄마가 쓰러져서 아빠가 담배를 피우더니 우리에게 치우라고 했다. 치우다가 유리가 살에 박혀서 흉터가 생겼다.'라고 진술하였다(증거기록 제112 내지 115, 118쪽).

(바) 판시 제3항과 관련하여, 피해자 E은 2015. 11. 1. '어렸을 때부터 가슴 만지기는 기본이고 미친년, 조개라는 명칭을 불렀다. 초등학교 3~4학년 때쯤 성추행을 당했다. 자세한 내용은 여자 경찰분에게 말하겠다. 그렇게 크게 성폭행을 당한 후에 말하면 어떻게 되는지 알지라며 협박했다.'라는 내용의 진술서를 제출하였고, 이후 경찰 및 검찰 조사에서 '초등학교 4학년 겨울 언니가 걸스카웃 갔었을 때 밤 10시에 집에 동생이랑 같이 있었다. 안방에서 동생이 자고 있었고 나는 방에서 자고 있었는데 아빠가 술마시고 들어와서 문을 열어주고 다시 누웠다. 그런데 아빠가 누워서 옆에서 안았다. 그래서 내가 싫어서 몸을 돌렸는데 아빠가 이게 뭐하는 짓이냐고 아빠가 왔는데 이게 뭐하는거냐고 이야기를 해서 맞을까봐 다시 정자세로 몸을 돌렸다. 그때부터 아빠가 혀로 입 주변을 핥고 옷을 벗긴 다음 손으로 가슴을 만졌다. 그 후 아빠가 눕더니 고추를 빨라고 해서 빨았는데 내 머리를 잡아서 막 자기 쪽으로 끌어당겼고, 찌찌도 핥으라고 해서 핥았다. 그 다음 자기도 해준다면서 내 가슴을 빨고 팬티를 벗겨 생식기를 빨았다. 그 다음 엎드리라고 하여 엎드렸는데 아빠가 욕실에 있는 흰색 바가지에 물을 퍼왔다. 당시 엉덩이만 들려있고 허리가 낮춰져 있는 상태에서 아빠가 바가지를 다리 사이에 두고 손에 물을 묻혀 생식기를 만졌다. 그 뒤 아빠가 씻고 오라고 해서 화장실 가서 밑을 씻었고 그러고서 아빠가 "말하면 어떻게 되는지 알지?"라고 말하였다.'라고 진술하였다(증거기록 제121 내지 133쪽).

(3) Determination of credibility

The victims made a detailed and detailed statement at the police and the prosecution as above concerning the situation of damage, such as the date and time of the crime, background of the crime, and the details of the crime. In particular, the victims’ memory is very natural in the process of responding to the date and time of the damage and the circumstances of the damage, and the above contents of the statement contain many detailed information that are difficult to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to able to be able to able to be able to able to able to able to see the above circumstances. In addition, the victims made a statement in the process of making a statement but able to see their credibility.

B) The credibility of the victim D’s reversal statement

(1) The victim D's letter and legal statement

(가) 피해자 D은 공소제기 후 이 법원에 '중학교 2학년 때 H으로 이사오면서 엄마, 아빠가 자주 싸우고 아빠는 술을 먹고 떠들어 대고 욕을 하며 머리를 쥐어박기도 했다. 그래서 112에 신고를 여러 번 했지만 경찰들은 이야기를 조금 듣고는 그냥 가버렸다. 고등학교 2학년 때 독서실에서 공부하고 피곤해서 집에 왔는데 술 먹고 엄마한테 욕하고 엄마는 대들고 아빠가 떽떽거리길래 112에 또 신고를 했다. 새벽에 E와 경찰서에 가서 무슨 서류 같은 거 쓰고 서초경찰서로 끌려갔는데 거기서 경찰들이 여태까지 있었던 일을 다 말해보라고 하여 얘기를 하는데 볼펜을 끄적이면서 졸고 있길래 화가 나서 예전에 티비에서 성범죄는 형벌이 쎄다고 들었던 기억이 나 아빠를 엿먹이고 싶은 마음에 과장되게 말했더니 그때는 받아적었다. 우리 얘기를 들어주는 것 같아서 과장된 얘기를 계속했다. E는 성관련 얘기를 좀 심하다 싶을 정도로 했다. 조사 후 보육원에 갔고, 보육원에 있으면서 아빠가 그렇게 나쁘지는 않았다는 생각을 하게 됐고, 엄마도 아빠가 많이 달라졌다는 이야기를 해서 조금씩 생각을 하게 됐다. 집에 돌아와서 좀 긴장이 됐지만 아빠가 많이 달라진 것 같다.'라는 내용의 편지를 제출하였다.

(B) Also, on November 1, 2015, the victim D appeared as a witness in this court, and returned to his house in his school on November 1, 2015, and reported that he did not refuse to see it. There was no fact that there was no sexual violence from the defendant, and there was no fact that he was sexual assault from the defendant. There was no fact that he was sexual assault from the defendant. In the police station prior to the clerical error in the police station, he wanted to take the same birth in his vehicle before the clerical error, and reported it falsely. Although he wanted to continue to talk before the prosecutor’s investigation, there was no way to contact with the lawyer without contact. When the prosecutor’s investigation was conducted, he did not talk with him for three months or more. Around December 2012, the previous prosecutor’s statement that reported damage to the school was made to the police and that he made the statement that he was harshly responsible for him. The same is the same.

(2) Determination of credibility

그러나 ① 앞서 본 바와 같이 피해자 D이 경찰에서 진술하는 모습을 보면 경찰의 질문에 대하여 기억을 회상하는 과정을 거쳐 피해 내용에 대하여 자유롭게 진술하고 있는 것으로 보이고, 그 과정에서 자연스러운 감정의 표출 또한 엿보이는 바, 허위로 사실을 꾸며내는 듯한 부자연스러움을 찾아볼 수 없고, 경찰 및 검찰에서의 진술내용 자체도 구체적이고 꾸며내기 어려운 세부정보를 다수 포함하고 있는 점, ② 피해자 D은 경찰 및 검찰에서 허위로 진술하였다며 진술을 번복하면서도 그 경위에 대하여 자신의 보육원 생활이 얼마나 힘들었는지에 관하여 진술하고 있을 뿐 자신의 허위 진술로 인하여 수차례 조사를 받고 공소가 제기된 피고인에 대하여는 미안한 감정이나 속죄하는 감정이 전혀 보이지 않고, 오히려 이 법정에서 검사로부터의 진술번복 경위에 대하여 추궁을 받자 '내 편인데 왜 자기에게 따지냐'는 식의 태도를 견지하고 있는바, 이러한 태도는 피고인을 무고한 사람의 모습으로 보기 어려우며 자신이 여전히 피해자라는 인식하에 자신에 대하여 추궁하는 것을 불편해하는 것으로밖에 보이지 않는 점, 3 피해자 D은 최초 경찰에서 진술 후 검찰조사 받을 때나 그 이전에 사실대로 말하지 못한 경위에 대하여 수능이 3달 밖에 안 남아서 심적으로 너무 스트레스를 받았고, 자꾸 이야기 하려고 하면 경찰분들이 옆에 금 목걸이를 차고 있었다는 등의 상식에 반하는 진술로 답변을 회피하고 있는 점, ④ 2012년경 학교에서 상담한 내용에 관하여, 이는 피해자 D이 경찰에서 '중학교 2학년 때 상담선생님에게 가정폭력과 성추행 당한 적도 있다고 이야기를 하였다'고 진술하여 이를 단서로 수사과정에서 상담일지를 확보한 것임에도 불구하고, 이 법정에서는 '당시 감정기복이나 우울증이 심했는데 오지랖이 넓은 선생님이 맛있는 것을 준다고 하여 혹해서 그런 이야기를 하였다'는 역시 상식에 반하고 납득하기 어려운 설명을 하고 있는 점, ⑤ 피해자 D이 경찰 및 검찰에서 진술할 당시에는 외부로부터의 영향을 미치는 여러 요소들로부터 자유로웠던 것으로 보이는 반면, 이 법정에서 진술을 번복함에 있어서 생각과는 달랐던 보육원 생활이나 엄마의 압력 등 여러 외부요인으로부터 자유로운 상태에서 진술하였다고 보기 어려운 점 등에 비추어보면, 피해자 D의 법정진술은 경찰에서의 진술경위, 그 후 번복하게 된 경위 등에 관하여 합리적인 설명이 뒷받침되지 않아 그대로 믿기 어려우므로, 그 신빙성이 인정되지 아니한다.

2) Circumstances consistent with the police of the victims and prosecutor's statements

A) Details of the victim D’s counseling log

According to the victim D. 2nd year counseling, the victim D. 1 was 2,000 p.m. on August 27, 2012, 200, 2000 p.m. 1, 200 p.m. c. c.m. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c.

The above counseling was conducted three years from November 1, 2015, when the victim D reported the defendant to the police, and the main contents of the counseling were "the defendant was able to take place before the director's mistake, was fit for golf loans, and it was divided into labels, and the plaintiff was fright to the telephone, and was fright to the floor of the victim D's police and the prosecutor's office's office, and it was inconsistent with the victim D's statement, and it was in conflict with the legal statement. Further, no reason exists to deem that the victims conspired the defendant to make a false statement to the investigation agency in the future. In particular, the content of counseling as of September 11, 2012 and the content of counseling as of November 19, 2012 included the contents of counseling as of November 19, 2012 and the contents of the victim's statement in the prosecutor's office as they are in support of credibility as they are.

B) According to the 112 Declarations, including the 112 Declarations (Evidence Records No. 264, 268), around July 15, 2014, 1112: (a) around July 22:25, 2014, on the ground that domestic violence received a report in 112, and at the time, two employees of the e-mail patrol box and two employees of the police station were dispatched to the police station, but the mother of the victim was not punished and transferred to the temporary accommodation; (b) according to the victim’s application for the cost of temporary accommodation (Evidence No. 266 pages) on July 15, 2014, the mother of the victim committed violence to his/her daughter and was in danger of violence by avoiding disturbance, and the victim’s physical threat was able to file an application for temporary accommodation on the ground that “the victim’s e-mail and four members of the police station, including his/her son and one victim, were in line with the victim’s statement.”

C) Details of counseling on sexual assault

The victim D was consulted on January 7, 2013 at the Korea Sexual Violence Crisis Center, an incorporated association on January 7, 2013. According to the counseling day (Evidence No. 231 to 232 of the evidence record), the victim D, at the time of the counseling day, stated that he was consulted with the victim D's police statement and prosecutor's statement because he was stated that he was able to drink on the new wall, was frightened, was frightd, and her brighted, was frightd down, and was frightd down, and was frightd down, and he was frightd with the victim D's statement by the police and prosecutor's statement.

D) Statement of E-gu

In the police investigation, the victim E stated that he made a statement that he had made the fact of damage to one kind of friendship-friendly Gu (Evidence No. 118 of the evidence record), that the victim E made a statement that "E was 1 week in the currency with the police, 1 week in 2 weeks in 1 week in 1 week in 2, and 1 week in 1 week in 2000, and that remaining in 1 year in 6th grade in 6th grade in 2nd grade in 2nd grade in 2nd grade in 2nd grade in 2nd grade in 2nd grade in 2nd grade in 300, 274 of the evidence record).

E) The victim's upper part of his/her body photograph

According to the chest photographs of the victims (No. 182 to 183 of the evidence records), there is a scare knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee kne of the victim's D.

B. Determination on habituality

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, including all the aforementioned evidence, i.e., ① the Defendant committed a crime against the victims for a relatively long period from 2008 to 2014, ② the number of the Defendant’s crimes is not so much, and the contents of the crime are not easy, ③ the victims are stated by an investigative agency that they were often at the time of a clerical error in the directors, ③ the victims are reported to the Defendant three times on July 15, 2014, and the Defendant reported to the Defendant three times in total, as stated in the facts constituting the crime in the judgment. Accordingly, the Defendant and the defense counsel’s assertion on this part is rejected.

(c) Whether the person constitutes a physical abuse;

1) Relevant legal principles

Article 17 subparag. 3 of the former Child Welfare Act (amended by Act No. 12361, Jan. 28, 2014) provides that "the act of abusing a child's body is one of prohibited acts," and "the act of harming a child's body" refers to the act of causing a negative physical change to the extent equivalent thereto even if it does not reach the degree of "injury causing bodily safety or a physiological function due to the exercise of physical force against the child's body (see, e.g., Supreme Court Decision 2015Do6781, May 12, 2016).

2) Determination

The following circumstances acknowledged by the evidence duly adopted and investigated by this court: ① the defendant stated that the victim's vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetables. The victim's vege vegetable vegetable vegetable vegetable vegeh vege vese.

Application of Statutes

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

Articles 72, 71(1)2, and 17 subparag. 3 of the former Child Welfare Act (Amended by Act No. 12361, Jan. 28, 2014); Article 7(3) and (2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Protection, etc. of Victims thereof (amended by Act No. 10258, Apr. 15, 2010); Article 7(3) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010); Article 299 of the Criminal Act (amended by Act No. 12361, Apr. 28, 201); Article 42 of the former Criminal Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10259, Apr. 15, 2010)

1. Aggravation for concurrent crimes;

Article 37 (Aggravation of Concurrent Crimes concerning Crimes of Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Act on Relatives in Connection with Relatives) of the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act

1. Order to complete programs;

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

1. Exemption from disclosure order:

In light of the fact that there is no history of punishment against the defendant as a sexual crime, as in this case, when the defendant and the victims are in a relationship of relatives, the victims may be identified by comprehensively taking account of the public information about the defendant and the names of sexual crimes committed against the victim who inspected the disclosed information, and the secondary damage to the victims may occur during that process; on the other hand, it is difficult to see that the second damage to the victims is likely to occur due to the characteristics of the crime committed by kinship; the defendant's completion of the sexual crime treatment program can not be deemed to have considerable effect on preventing re-offending by ordering the defendant to complete the disclosure of the sexual assault treatment program; and other various circumstances such as profits and preventive effects expected by the disclosure order of this case, and disadvantage and side effects, it is determined that there are special circumstances that the disclosure of the defendant's personal information should not be disclosed

0. Decision 2: proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 5(1) of the former Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 37(1) and (4) of the former Act on the Protection of Juveniles against Sexual Abuse (wholly amended by Act No. 9765, Jun. 9, 2009)

○ Decision 3: proviso of Article 38(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 201)

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for not less than five years nor more than 45 years; and

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

(a) Basic crime: Crimes of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

[Determination of Punishment] The type 2 of the crime of indecent act by compulsion (13 to 4) (Indecent act by indecent act by indecent act by indecent act by relative relation / special indecent act by indecent act by indecent act by indecent act by indecent act by indecent act)

[Special Aggravationd Persons] Aggravationd (victims vulnerable to criminal conduct)

[Recommendation and Scope of Recommendation] Aggravation, 4 years to 7 years

(b) Concurrent Crimes: Crimes of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof; and

[Determination of Punishment] General Standards for Sex Offenses / Indecent Act by Compulsion (subject to the age of 13 and 5)

[Special Exemplarys 16] Aggravations (victims vulnerable to criminal conduct)

[Recommendation and Scope of Recommendation] Aggravation, 4 years to 7 years

(c) Concurrent crimes: Crimes of violation of the Child Welfare Act (Habitual child abuse);

[Determination of Punishment] General Criteria for Abandonment Abuse No. 2 (Serious Abandonment Abuse)

[Special Aggravations] Aggravations (Habitual Offenders)

[Recommendation and Scope of Recommendation] Aggravation, one year to two years

(d) Results of application of the standards for handling multiple crimes: Four years to eleven years.

(e) Scope of the revised sentence, taking into account the applicable sentences: Five years to eleven months.

3. Determination of sentence;

Although the Defendant was responsible for raising and protecting the victims who are married, the Defendant committed abusive acts, such as drinking and drinking the victims for a long period from 2008 to 2014, on the grounds that the victims do not have the mind, taking the body throughout several times, and taking golf loans, etc. In addition, the Defendant committed indecent acts by force by inducing the victims’ chest and scambling, and committing similar acts. In light of the circumstances of the crime, details of the crime, etc., the crime is very good. In particular, each of the crimes committed by the Defendant against the victims who were unable to easily resist their own criminal acts in their father’s position and lack of the ability to protect themselves, and the victims are deemed to have suffered considerable mental and physical pain due to each of the crimes of this case, and it seems that the victims would also have a serious obstacle to forming a proper sexual values and self-esteem of the victims in the future, and it is inevitable to punish them.

Nevertheless, the defendant is consistent with his defense and denies all his crimes.

These circumstances are disadvantageous to the defendant.

However, the defendant has no record of punishment exceeding a fine or of having been punished for the same crime, and the fact that he/she currently endeavors to perform the duty of fostering and supporting victims, etc. shall be considered as favorable to the defendant, and the defendant's age, character and conduct, family relation, motive, means and consequence of the crime, and other various sentencing conditions specified in the trial process of this case, such as the circumstances after the crime, shall be determined as the order.

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting the crimes of paragraphs (2) and (3) of the judgment, the defendant is a person subject to registration of personal information according to the following applicable Acts, and is obliged to submit personal information to the competent authority in accordance with the relevant applicable

Criminal facts in the judgment: Article 32(1) of the former Act on the Protection of Juveniles against Sexual Abuse (wholly amended by Act No. 8634, Aug. 3, 2007 and enforced February 4, 2008); Article 5(1) of the former Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 11556, Dec. 18, 2012); Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

○ Crimes listed in paragraph (3) of the crime committed in the judgment: Addenda to the former Act on the Protection of Children and Juveniles against Sexual Abuse

Article 3(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11047, Sep. 15, 2011); Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11047, Dec. 18, 201); Article 5(1) of the Addenda of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Article 43 of the Act on Special Cases

The presiding judge shall be changed.

Judges Tae-young

Judicial Chief Judge;

1) Although the instant indictment states that "the victim's cream was written at the time when the victim D can be clicked with the hand floor," the victim D makes a statement that the defendant was exposed to his face from the police (Article 84,85 of the evidence record). It is recognized that even if ex officio correction is made, it would not put any substantial disadvantage to the defendant's exercise of his right to defense. Thus, it is corrected as above without the amendment procedure.

2) In particular, in the case of paragraph (3) of the crime of the victim E, the case includes a number of life and unique contents beyond the typical case of the generally known indecent act by compulsion. It is difficult to view that the victim was tending without actual experience when comprehensively considering the victim’s age, gender knowledge, etc.

3) Since each crime listed in paragraphs 2 and 3 of the holding is a sex offense against a child or juvenile before December 31, 2010, the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse is applicable.

(4) The sentencing criteria of the Supreme Court's Sentencing have no provision on the indecent act by bloods under the age of 13, but similar sentencing criteria exist. Thus, the sentencing criteria should be applied in a manner that considers the age as the aggravated element of the provision on the indecent act by bloods under the age of 13 and 13.

6) The expression of intention not to punish refers to the case where the defendant is divided into his own crime and the victim does not want the punishment of the defendant. The defendant denies the crime of this case and the victim does not want the punishment on the premise that there is no crime. Thus, it does not constitute an element of mitigation of punishment.