2013Gohap665 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, etc.)

A

The case shall be remanded to the Republic of Korea, and the case shall be remanded to the Republic of Korea

Law Firm B, Attorneys C, and D

February 14, 2014

Defendant shall be punished by a fine of 10,000,000 won. If the Defendant does not pay the above fine, the Defendant shall be confined in the workhouse for the period calculated by converting KRW 100,000 into one day.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.In the facts charged in this case, each fraudulent act committed against the victim E and the victim F shall be acquitted.

Criminal facts

The defendant is a medical specialist in home medicine, and is working in the HH department located in the second floor of Nam-gu Incheon Metropolitan City.

On April 10, 2013, the Defendant: (a) around 10, 10:30, and 5, at the examination and treatment room of the victim I (the 14-year old-old-age-old-old-her-her-her-her-year-old-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-her-her-her-her-her-her-her-her-her-her-

Summary of Evidence

1. Partial statement of the defendant (the third court date);

1. Legal statement of a witness I;

1. Statement made by the prosecutor to the prosecution;

1. Application of Acts and subordinate statutes to a copy of the I medical examination and treatment set and a ledger of receipt of medical expenses (investigative record No. 312 pages);

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

Article 7(5) and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) (Selection of Fines)

1. Detention in a workhouse;

Articles 70 and 69(2) 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 shall be registered and submitted.

Where the facts constituting a crime in the judgment are confirmed to be guilty, the defendant is 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. Thus, Article 5(1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes ( December 18, 2012) and Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

As the defendant is sentenced to a fine for the reason that he/she does not issue an order for disclosure and notification, the disclosure and notification of the personal information registered by the defendant pursuant to the proviso to Article 38 (1) and the proviso to Article 38-2 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse shall not

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

The Defendant only provided medical treatment, but did not commit an indecent act against the victim. In other words, the Defendant did not kneee the victim’s sexual knee while examining the victim, and there was a fact that the Defendant took around the victim, i.e., the victim’s panty examination process, but there was no fact that the victim conspired with the victim by inserting kne in the victim’s panty, and that the Defendant took around the victim is a medical treatment act.

2. Determination as to whether the defendant committed an act identical to the facts stated in the judgment of the court (the credibility of the victim's statement). The victim's statement was made in an investigative agency or court as direct evidence to acknowledge that the defendant committed an act identical to the facts stated in the judgment of the victim in this case. The following circumstances acknowledged by the evidence examined above are consistent with regard to the victim's indecent act such as the facts stated in the judgment from investigative agency to this court. The victim's statement does not appear to have interfered with the victim's false or dispositive elements. It does not appear that the victim's statement is different from the facts, and there is no special motive to make the victim appear before the court. On the other hand, the investigative agency stated that the defendant did not have a hand over from the victim's panty-com method, and that the victim's panty joint statement (Evidence No. 4 of this case's evidence submitted on December 12, 2013) is not consistent with the victim's statement or misunderstanding of the victim's oral testimony.

3. Determination as to whether an indecent act is committed and as to whether an indecent act is committed

“Indecent act” means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom. Whether it constitutes an act ought to be carefully determined by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to such act, circumstances leading to such act, specific manner of act, and the surrounding objective situation and the sexual moral sense of the times. Moreover, a subjective motive or purpose is not required to stimulate, arouse, and satisfy sexual humiliation as a subjective element necessary for the establishment of the crime of indecent act by compulsion (see, e.g., Supreme Court Decision 2013Do5856, Sept. 26, 2013).

In light of the above legal principles, the victim's act of causing sexual humiliations to the victim, i.e., using the victim's body knee and knee in light of the victim's knee and stale that the victim had no sexual humiliation, and the victim's act of causing sexual humiliation to the victim's body, and the victim's act of causing sexual humiliation to the victim's body again was imprecing to the victim's body, and the victim's act of causing sexual humiliation to the victim's body, and the victim's act of causing sexual humiliation to the victim's body, and the victim's act of causing sexual humiliation to the victim's body, and the victim's act of causing sexual humiliation to the victim's body, and the victim's act of causing sexual humiliation to the victim's body, and the victim's act of causing sexual humiliation to the victim's hume and the victim's act of spreading to the victim's body, even if the victim's act of spreading to the victim's body.

4. Sub-committee:

Therefore, it is recognized that the defendant and his defense counsel committed an indecent act against the victim by means of a deceptive scheme, undermining treatment as stated in the facts constituting a crime in the judgment of the defendant.

2) The reason for sentencing is that the same doctor as the Defendant, whose mission is to improve the public health and contribute to the healthy life of the people, is required to have high professional medical knowledge as well as high ethical consciousness and personality. The crime of this case is a sexual crime committed against a patient whose dependence on the patient has to be high due to psychological and physical vulnerability, and is an act of seriously infringing the general trust of medical personnel. The crime is committed against a female middle-school student at the time when he is shown emotionally and emotionally, and the crime is deemed to have been committed against a female middle-school student at the time of the instant case, and the sexual humiliation that the victim experienced in the instant case is bad, and even if it appears that the defendant has a little sense of sexual humiliation that the victim experienced in the instant case, the defendant must be held liable for the crime corresponding thereto.

However, the defendant has no criminal records of the same kind or suspended execution, and in the case of this case, if the defendant was sentenced to conviction and became final and conclusive, the defendant is unable to operate a medical institution or provide medical services at a medical institution for ten years from the above (see Article 56 (1) 12 of the Act on the Protection of Children and Juveniles against Sexual Abuse), etc., taking into account the defendant's age, character and behavior, environment, motive, means, consequence, and circumstances after the crime, etc., the defendant is selected as a fine and the sentence is determined as ordered.

The acquittal portion

1. Summary of the facts charged

The defendant is a medical specialist in home medicine, and is working in the HH department located in the second floor of Nam-gu Incheon Metropolitan City.

(a) Crimes against victims E;

At around 10:30 on April 10, 2013, the Defendant: (a) visited the hospital to the patient E (including physical temperature measurement) of the victim E (including 14 years of age) who was seated in the clinic due to the symptoms of her hair, and (b) conducted a diagnosis of the drafting, etc., the Defendant committed an indecent act against the victim, who was a child or juvenile, by taking advantage of the treatment. Accordingly, the Defendant committed an indecent act against the victim, who was a child or juvenile, by taking advantage of the treatment.

(b) Crimes against victim F;

At around 16:30 on April 2, 2013, the Defendant visited the hospital for the purpose of treatment at the same place as the above Paragraph 1, and inspected ear (including spuckbucks and spucks) of the victim F (including 14 years of age) who was seated in the clinic for the purpose of treatment at the clinic, and repeated the Defendant’s act of cutting his bucks and spucks to the victim’s knee. Accordingly, the Defendant committed indecent act against the child and knenee by the deceptive scheme.

2. Prosecution of the defendant;

The defendant only provided medical treatment and did not commit an indecent act against the victims.

Although it is recognized that the defendant's bucks repeatedly contacted the victims' knee in the course of treatment, it is only a simple contact in the course of treatment, and there is no fact that the defendant's sexual bucks contact the victims.

3. Determination

A. As to the doctor’s act conducted in the course of the medical treatment and treatment for the body of the patient, there may be a misunderstanding or criticism due to indecent act according to the patient’s awareness. As such, it is necessary to prove that such act may be assessed as an indecent act conducted under the intention of unrelated to the treatment or infringing on the patient’s sexual freedom beyond the scope of treatment, a judge is not likely to have a reasonable doubt. If the prosecutor’s proof of guilt does not reach the degree sufficient to have the conviction in that regard, it is necessary to prove that it is an indecent act.

The whole process of treatment should be determined by the defendant's interest even if there is a little influence.

B. According to the statements made by the victims' investigative agencies, the defendant's diagnosis of the victims at each time and place specified in the facts charged, and repeats the defendant's act of buckbucks and kneeing the victims' knee.

However, the defendant's statement at law and investigative agency, each victim's statement (No. 6), photo of the medical room (No. 10), and the following circumstances acknowledged by the court's inspection report, i.e., victim E appealed, and kneebbbbbs that the defendant did not appear to have been aware of the victim's physical condition. The defendant's act of using the victim's body and knebs and knebs that the defendant did not appear to have been reported to the victim's knebs, and that the defendant's act of using the victim's body and knebs and kbsium did not appear to have been reported to the victim's knebs, so it seems that the defendant's act of using the victim's body and knebs and knebs that the defendant might not have been reported to the victim's body and knebs, and that the defendant might not have kneed the victim's body and kne.

4. Conclusion

Thus, this part of the facts charged constitutes a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure

The presiding judge, the Kim Jong-dong

Judges Kim Gin-hee

Judges Park Jong-young

1) The Defendant, in the police, did not put into the panty (k) and did not have the panty (kpanty). The Defendant her hand over at the panty level.

They could feel that they were ever, but they did not see intentionally that they were able to see (188 pages of investigation records), and panty panty panty.

I have made a statement as follows: "I will take place (the same 189 pages)", and in the prosecution, I will make a false statement (the victim's statement). The end is pande.

T may be engaged in, and there may be conspiracys therein, and no person shall be the same as in panty (the same shall apply).

248 pages) The statement "(248 pages)" or the promotion of the (victim's return); there is no fact that panty has taken panty, and panty Rasty extending over the lower part.

In addition, I stated that "I can enjoy, and can misunderstanding when we enjoy (305 pages)."

2) The sentencing criteria are not applicable as the fine was selected and the sentencing criteria are not applied.