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대구지방법원 서부지원 2013.05.23 2012고합479

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

An order to attach an electronic tracking device of this case.


1. The facts charged and a summary of the grounds for requesting the attachment order;

A. The facts charged by the Defendant and the person against whom the attachment order was requested (hereinafter “defendants”) are the parents of the victim C (the nine years of age), and the victim, who is his/her father, was her mother, was hysing to have the growth and growth of the chests, etc. earlier than that of the victim, and was able to force the victim by force.

On November 22, 2012, at around 20:00, the Defendant was unable to sit and resist a television in the victim's side where the television was reported at his own residence in Seo-gu, Daegu, Seo-gu, and became the chest of the victim's chest on his hand.

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

B. On May 18, 2012, the Defendant was sentenced by the Daegu District Court to three years of imprisonment for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and four years of suspended execution, and on May 26, 2012, the said judgment became final and conclusive and conclusive on May 26, 2012, and is still under suspended execution on at least two occasions, and the Defendant is likely to recommit a sex crime against a person under the age of 19.

2. In the crime of indecent act by compulsion of judgment, “Indecent act” means an act objectively causing sexual humiliation or aversion to the general public and contrary to good sexual morality, which infringes on the victim’s sexual freedom. Whether it constitutes such an act shall be determined with careful consideration of the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to such act, specific manner of act, surrounding objective situation, sexual moral sense, etc.

(See Supreme Court Decision 2003Do7107 delivered on July 14, 2005, etc.). Meanwhile, in a criminal trial, the conviction has probative value that leads a judge to have a conviction that the facts charged are true beyond a reasonable doubt.