The Act on the Punishment of Sexual Crimes and the Protection of Victims, Etc.

(b) Act on the Punishment of Sexual Crimes and Protection of Victims thereof;

(c) The Act on the Punishment of Sexual Crimes and Protection of Victims;

1.(a)MaO

2.2.b. MaximumO

3.c. MaximumO

New Superintendent;

.9.29

1. Defendant A

A defendant shall be punished by imprisonment for three years.

2. Defendant B

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

However, the execution of the above punishment is suspended for a period of four years from the date when this judgment became final and conclusive. To order the defendant to provide community service for 120 hours and to attend sexual assault treatment lectures for 10 hours;

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment has become final and conclusive. To order the accused to provide community service for 80 hours and attend sexual assault treatment lectures for 40 hours.

Criminal facts

Defendant A and Defendant B shall be subject to restraint, Defendant B and Defendant C shall be subject to restraint, and vice versa. 1. Defendant A and the vice versa.

On August 2002, the Defendant: (a) 16:00, Daegu around 16:00, the Defendant: (b) placed the victim, who is a relative, from the Defendant’s house* the maximum of 00, who is a relative, and (c) 13 years old at the time, on the rear side to prevent the victim from leaving the victim’s body back, and had sexual intercourse once after suppressing the victim’s resistance. Accordingly, the Defendant raped the victim who is a relative.

2. Defendant B

On September 20, 2002, the Defendant *** The mother of the Defendant her family, her relatives, and fphids during the course of coming to play a floddddial in the border area from sunrise to sunrise. The Defendant her mother flicked flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick, flick flick flick fl, and

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

3. Defendant C

On January 22, 2004, around 01:00, the Defendant **** * Sheet the clothes of the above victim, knicked with fingers, knicked from the inside and outside of the bar of the Defendant.

Accordingly, the defendant committed an indecent act on the part of the victim by taking advantage of the victim's state of non-performance to resist.

Summary of Evidence

1. The defendants' statements in whole or in part corresponding thereto in this court 1. Witness**** each statement corresponding thereto in this court 1. Each statement corresponding thereto among the certified copies of the defendant A and B, and the certified copies of each copy of the public prosecutor's office 2. Each statement corresponding thereto;

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant A: Article 7(1) of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof, Article 297 of the Criminal Act

B. Defendant B: Article 7(2) of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof, Article 298 of the Criminal Act

C. Defendant C: Article 7(3) and (2) of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof; Article 299 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Code (The following consideration shall be taken into account in favor of the reasons for sentencing)

1. Suspension of execution;

Defendant B and C: Article 62(1) of the Criminal Act (resumed into consideration of the above circumstances)

1. Order for community service and education;

Defendant B and C: Article 16(2) of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof, Article 59 of the Act on Probation, etc.

Judgment on Defendant C and his defense counsel’s assertion

Defendant C asserts on January 22, 2004 that the victim did not enter the place indicated in the facts charged and that there was no indecent act by force as stated in the facts charged.

살피건대, 피해자는 수사기관 및 이 법정에서 "중학교 3학년이었던 해 설날에 할머니집에 친척들이 모여 피고인 C와 함께 SBS에서 하는 드라마 '천국의 계단'을 보고 피고인 C와 같은 방에서 잠을 잤는데, 그날 새벽 인기척이 느껴져 잠에서 깨었으나 계속 잠을 자는 척하고 있으니 피고인 C가 자신의 상의 옷 안으로 손을 넣어 가슴을 만지고, 팬티 속에 손을 넣어 음부를 만져 너무 떨려 조용히 울고 있으니 피고인 C가 '악몽 꿨냐'라고 말하였다"라는 취지로 구체적이고 분명하게 진술하고 있고, 달리 이러한 진술의 신빙성을 배척할 자료가 없으며, 피해자가 허위로 그와 같은 진술을 할 만한 동기를 찾아 볼 수 없는 점 등에 비추어 보면, 피고인 C의 이 사건 범행은 합리적 의심의 여지없이 유죄로 인정할 수 있으므로 위 피고인의 주장은 받아들이지 아니한다.

The reason for sentencing is that each of the crimes of this case is committed by the victim's relatives, great sonies, and the Defendants, who are missing in the private village, committed rape or indecent act by force. In light of the fact that the Defendants, who are in a position to protect the victim's age, committed serious mental and physical pains to the victim in the course of growth by taking the victim's sexual desire as the object of meeting the victim's sexual desire, and that there is no suspicion from the victim, and in the case of Defendant A and B, it seems that the statute of limitations has lapsed for the victims and other sexual assault crimes committed against the victim are committed, the Defendants should be punished strictly. However, all of the defendants are first offenders, and Defendant A and B are committed against the mistake after recognizing all the facts charged. Defendant C deposited KRW 10 million for the victim, Defendant C is a student attending the university and college, and taking into account other factors such as character and conduct of the defendants, family relation, and circumstances after committing the crime, etc., the sentence of sentencing should be determined by comprehensively taking into account the following factors.

The presiding judge and the senior judge;

Judges Shin Jin-jin

Prosecutor General-Type