2010Gohap221 Violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof.

(A) Minor Rape, etc. and Juvenile Protection Halls;

Violation of Korean law (Rape) and the protection of the nature of children and juveniles

Violation of the Act (Rape, etc.) and the punishment, etc. of sexual crimes.

Violation of the Special Act on Special Cases Concerning Cameras, Etc.

A

J. H. H. H. H.R.

Attorney B,C

April 12, 2011

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Information on the accused for 10 years (However, the summary of a sex offense is limited to the crimes specified in paragraphs 1 and 2 of the ruling).

In the facts charged in this case, the charge of the punishment of sexual crimes and the violation of the Protection, etc. of Victims Act (Rape of Minors under thirteen years of age)

Criminal History Office

From around 2003 to May 2010, the Defendant served as a member of the E church located in the Jeonju-gun of North Korea D, and the victim F was a new member of the said church.

1. Violation of the Juvenile Protection Act (Juvenile Rape, etc.);

On July 11, 2009, at around 11:00, the Defendant forced the Defendant’s vehicle parked at the International Hospital parking lot located in Ha, Y, Y, Y, YY, from the Defendant’s vehicle within the Defendant’s vehicle, and forced the Defendant to leave the victim’s Habbbbbbbbbbs, and allowed the victim to gather the hand into the victim’s drinking part, attached the victim’s hand, and met the Defendant’s sexual organ with the victim’s sexual organ as of May 11, 2008 to 18:00 from May 11, 2008 to 200 from May 11, 2009 to 18:0 from the day on which the Defendant committed an indecent act against the juvenile, who is the juvenile, by force over 13 times in total, as in the

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

At around 16:00 on April 28, 2010, the Defendant: (a) placed the victim in a so-called so-called so-called so-called so-called so-called so-called so-called the victim’s body in the company house of the above church, with the opportunity to make a copy of data for the preparation of the following day; (b) placed the victim’s chest and panty in a so-called so-called so-called so-called so-called a so-called juvenile; (c) cut the victim’s buck and panty in the vicinity of the buckbucks; (d) cut off the victim’s buck and panty into the part of the victim; and (e) laid down the victim’s gender soon; and (e) placed the victim’s chest on the part of the victim, regardless of whether the victim was placed, and had sexual intercourse with the juvenile, by force, by making one-time sexual intercourse on the part of the victim, regardless of whether the victim was placed.

3. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

The Defendant, at the same time and place as above 2. paragraph 2. After having sexual intercourse with the victim at the same time and place, had the Kameras as above, and the Habbbbs, stated that “the victim’s chests, sex, and the entire body of the victim who takes charge of the bucks” was “a commemorative with bucks in buck,” and affixed a photograph against the victim’s will.

Summary of Evidence

1. Legal statement of witness F;

1. Statement made by the witness J in the fourth trial records;

1. The second written statement of the suspect interrogation protocol of the prosecution against the accused;

1. Each police statement made to the F and J;

1. Application of the relevant Acts and subordinate statutes to a complaint, a report on investigation (the confirmation of relative camera, etc. of the victim), a medical opinion, or a copy of a psychological evaluation report;

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

Article 7(4) and (2) of the former Act on the Protection of Juveniles against Sexual Abuse (wholly amended by Act No. 9765 of Jun. 9, 2009), Article 298 of the Criminal Act [the fact that an indecent act by force is committed, but the maximum of the punishment shall be governed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259 of Apr. 15, 2010; hereinafter the same shall apply], Article 7(5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 297 of the Criminal Act (the maximum of the punishment shall be governed by the main sentence of Article 42 of the former Criminal Act), Article 13(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the maximum of the punishment shall be governed by the Act on the Protection of Children and Juveniles against Sexual Abuse).

1. Aggravation for concurrent crimes;

The punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for concurrent crimes with punishment provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.)

1. Order to complete programs;

The main sentence of Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. An order for disclosure;

A. Crimes listed in paragraph (1) of the judgment: Article 3(4) and (5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 10391, Jul. 23, 2010); Article 38(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 37(4) of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 8634, Aug. 3, 2007; hereinafter referred to as the "Act on the Protection of Juveniles against Sexual Abuse");

(b) Offenses listed in paragraph (2) of the holding: Article 38(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

As stated in the above facts of crime, the defendant did not have any indecent act or adultery against the victim or taken pictures of the victim's body, and there is no credibility of the victim's statement corresponding thereto.

2. Determination

In light of the following circumstances acknowledged by the evidence of the church as guilty, ① the victim was sexual intercourse with himself/herself, or his/her body was recorded in the investigative agency from the time point of view that it was difficult for him/her to find out the facts that the victim was sexual intercourse with his/her own, as stated in the facts constituting the crime, ② his/her wife and his/her children did not have any reason to see the fact that the victim was sexual intercourse with his/her own, and there is no reason to believe that the victim was sexual intercourse with the victim, and ③ The victim’s above statement was credibility as a whole, as seen below, although it was difficult for him/her to find out the facts that the victim was sexual intercourse with the victim at the time of his/her own time from the point of view that it was difficult for him/her to view that the victim was sexual intercourse with the victim at the time when he/she was sexual intercourse with the victim, and there was no doubt that the victim was sexual intercourse with the victim at the time of his/her own time.

Reasons for sentencing

1. The scope of punishment;

Imprisonment with prison labor for not less than five years but not more than twenty-two years and six months;

2. Basic crimes applicable to the sentencing criteria: Crimes of violating the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Determination of Punishment] General Criteria for Sex Offenses, Type 2 among the rapes (subject to over thirteen years of age)

[Special Egressor] - Reductions: Where a deceptive scheme or force other than assault and intimidation is used.

- Aggravations: Victims vulnerable to crimes;

[General Convicts] - Reductions: No record of criminal punishment

-Aggravationd elements: the use of personal trust relationships, in the case of crimes against juveniles;

[The scope of sentence for recommendations] Imprisonment with prison labor for not less than five years and not more than eight years (basic area): Crimes of Violation of the Act on the Protection, etc. of Juveniles against Sexual Abuse (Juvenile Rape, etc.) No. 13 No. 13 attached Table No. 13 of the List of Offenses Act (hereinafter referred to as the "Act on the Protection, etc. of Juveniles against Sexual Abuse")

Aggravations: Victims vulnerable to crimes;

[General person who has been sentenced to mitigations: No record of criminal punishment

-Aggravationd elements: the use of personal trust relationships, in the case of crimes against juveniles;

[The scope of sentence for recommendations] Crimes of concurrent crimes between two years and six months (basic area): The crimes of violation of the Act on the Protection of Juveniles from Sexual Abuse (Juvenile Rape, etc.) No. 12 No. 12 attached Table No. 12 of the List of Offenses Act [Determination of Punishment] Crimes of Sexual Crimes, General Standards, and the Crimes of Indecent Act (subject to the age of 13 or more): The mitigated element - The use of deceptive schemes and force other than assault and intimidation.

- Aggravations: Victims vulnerable to crimes;

[General Convicts] - Reductions: No record of criminal punishment

-Aggravationd elements: the use of personal trust relationships, in the case of crimes against juveniles;

[Recommendation Scope of Punishment] More than 2 years and 6 months, but less than 5 years (basic areas): The lowest limit is 5 years, which is the lowest limit of the basic crime, and the upper limit is 8 years, which is the maximum limit of the sentence range of the basic crime, 1/2 of the maximum of the sentence range of the concurrent crime 1, 2 years and 6 months, and 1/3 of the maximum of the sentence range of the concurrent crime 2, and 1/8 months, which is 1/3 of the maximum of the sentence range of the concurrent crime 1.

Competition with other crimes for which the sentencing criteria are not set: Violation of the Act on the Special Cases Concerning the Punishment, etc. of Sexual Crimes, which are concurrent crimes, (No sentencing criteria are set for crimes using and photographing cameras, etc.).

3. In light of the fact that the sentencing decision was made by the Defendant’s continuous indecent act and sexual intercourse with the victim who is a juvenile by taking advantage of the personal trust relationship between the Defendant and his age, and the nature of the crime is very poor; the victim and his family appears to have received serious mental impulses due to the instant crime; the Defendant did not reach an agreement with the victim; and the Defendant has to strictly punish the juvenile who is vulnerable to sexual crimes in order to realize social awareness; and the sex offense against the juvenile who is vulnerable to sexual crimes, it is necessary to strictly punish the Defendant: Provided, That it is inevitable to strictly punish the Defendant, taking into account favorable circumstances, such as the Defendant’s age, character and conduct, environment, specific means and methods of the instant crime, circumstances after the instant crime, etc., and all the sentencing conditions as shown in the records and arguments, etc., the sentencing guidelines shall be determined within the scope of the sentencing guidelines as ordered.

Registration of Personal Information

Where a conviction is finalized on the facts constituting the crime of Articles 1 and 2 of the former Act on the Protection of Juveniles against Sexual Abuse (wholly amended by Act No. 9765 of Jun. 9, 2009; hereinafter the same shall apply), Article 32 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 9765 of Jun. 9, 200), and Article 33 of the Act on the Protection of Children and Juveniles against Sexual Abuse, a defendant is obligated to submit personal information to a competent agency pursuant to Article 33 of the former Act on the

The acquittal portion

1. Summary of the facts charged

On May 3, 2008, the Defendant: (a) placed a victim on a forced ground in a so-called so-called so-called so-called “so-called “so-called” in order to reproduce a bad faith in the library of the above E church; (b) placed the victim on a so-called so-called “so-called” in a so-called manner; and (c) putting the victim’s chest and her fingers into the victim’s upper and lower parts; and (d) committed indecent

2. Determination

The evidence consistent with the above facts charged is that the victim's investigative agency and this court made a statement, but even based on the victim's legal statement, there was no spawn on October 2009 that the spawn only moved to the above churchhouse and there was no spawn on the spawn before it. Thus, it is insufficient to recognize that the victim's statement alone committed an indecent act against the victim at the time and place specified in the above facts charged, and there is no other evidence to acknowledge this part of

Therefore, the above facts charged constitute a case where there is no proof of crime, thereby not guilty under the latter part of Article 325 of the Criminal Procedure Act.

Judge Kim Jae-han

Judge Kang Dong-hun

Judges Park Young-chul