Defendant

Senior Superintendent;

Attorney Go-ro et al.

A defendant shall be punished by imprisonment for three years.

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

Disclosure of information on the accused shall be made public through an information and communications network for five years.

Of the facts charged in the instant case, the prosecution against the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) shall be dismissed on June 2010 and April 12, 201.

The defendant is the principal of ○○○ High School, and the victim Nonindicted 1 (V, 16 years old), who is a child or juvenile, is a female student of the above school. The defendant is the principal of the above school, and the defendant has the victim enter the school room, let the school room, let the victim enter the school room, and if the victim does not respond to it, he shall use the status of the principal of the school, so that the victim's resistance may enter the school room again, and if the victim does not respond to it, he shall restrain the victim's resistance. On June 16, 2010, at the defendant's official house located in the south of 19:00 on June 16, 2010 (hereinafter omitted), the victim's non-indicted 1 put the victim into the school room, see the victim's chest, and knish the victim's chest, knish the victim's body, seeing the victim's body, and seeing the victim's body to see the victim's body.

1. Partial statement of the defendant;

1. Each legal statement of the witness Nonindicted 2 and 3

1. Each police statement of Nonindicted Party 1

1. Each video recording CD against Nonindicted 1

1. Each police statement made against Nonindicted 4 and 5

1. Company house structure, investigation report (the name of an apartment and the maximum number of houses omitted), and photographs;

1. Investigation report (the details of the victim’s telephone communications related to non-indicted 1’s indecent act, etc.);

1. Reports on clinical and psychological assessment, and reports on investigation of victims of children;

1. Article applicable to criminal facts;

Article 7(6), (5), and (1) week 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Attempted mitigation;

Articles 25(2) and 55(1)3 of the Criminal Act

1. Order to complete programs;

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

1. An order for disclosure;

Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Summary of the assertion

On June 16, 2010, between 18:00 and 19:00, the Defendant provided meals at a school restaurant in the school, and provided counseling with the parents based on the result of giving a national examination to high school 1 and 2 who was enrolled in the school room. On the same day as the date of the crime, at around 19:00 on the same day, there was no fact that the Defendant was accompanied with the victim, and the Defendant did not commit a crime identical to the facts charged, and thus, the Defendant was acquitted.

2. Determination

On the other hand, there is no evidence to prove that the defendant had stayed in the ○○ High School at the time of the above crime as alleged by the defendant, and this part of the facts charged is the only evidence for the victim's complaint, the statement recording room at the Women's Center at the Jeonnam Sea, and each of the statements at the police, and the credibility of the victim's statement can be acknowledged.

① On April 12, 2011, on the 13th of the same month following the day when the victim was forced to commit an indecent act by force from the Defendant, etc., the victim reported the fact of damage, including this part of the facts charged, to the ○○ Police Station. Meanwhile, on April 12, 2011, the victim detected a fixed amount consistent with the Defendant’s DNAA at the time of indecent act by force.

② Meanwhile, the victim did not voluntarily submit the physical clothes under the victim’s complaint to an investigative agency, but the investigating police officer visited the victim’s house on April 14, 201 and requested the victim to submit clothes that the victim was suffering at the time of committing the crime at around 14:00, and the above physical clothes and panty were confiscated.

③ 그런데, 피해자는 2011. 4. 14. 14:48경 시작된 경찰조사에서 “피고인이 사정할 때 느낌이 어땠어”라는 질문에 “제가 바지를 입고 있어서 아무런 느낌이 없었어요”라고 진술하였고, “교장선생님이 사정할 때 몸에 물 같은 것이 튀거나 묻지 않았어”라는 질문에 “옷에 안 묻어 있었어요”라고 진술한 바 있다.

④ On April 28, 2011, the victim made a statement to the effect that he/she had been able to make a statement at his/her father at his/her own 4th anniversary of his/her own son’s oral statement, and that he/she had been able to make a false statement at his/her her own 4th anniversary of his/her own son’s oral statement. On the same day after he/she took place again on April 12, 201, he/she made a false statement to the effect that he/she had been able to see the Defendant’s actions taken by the Defendant. The victim was able to make a false statement at his/her her own fright and her own frightite. The victim was able to have his/her own fright and frighten his/her frightter’s frightter’s fright, and then asked the Defendant to fright his/her own fright at his/her own bar.

⑤ On the other hand, on May 4, 201, Nonindicted 4, the father of the victim, agreed without any condition at the ○○ Police Station on the following grounds: “In order to revoke the complaint, Nonindicted 4, who was the father of the victim, wanted to promptly complete the statement in the police station, and did not have reached an agreement on the condition that “the victim would have been able to complete the match smoothly.” The Defendant thought that he was sexual harassment against the victim, and later, the victim would have been generally asked to the victim for the first statement in the police station.” If the facts were to be true, it would be impossible to write down as soon as possible. As the student status would have been graduated from the high school, the victim would have tried to do so easily if the victim had been accurately informed in advance of the details stated in the police station at the time, and would have not thought and agreed. As to the revoked portion of the complaint, it would be clear that the truth of the case would be as much as the truth of the case.”

In full view of the above circumstances, it appears that the fixed amount distributed by the defendant in the course of committing the crime was asked to the victim's physical clothes, and that the facts were revealed by the experience and direct control of the investigation police officer, and it does not seem that the victim made a false report by making a false evidence by putting part of the fixed amount asked to the defendant's panty in order to make the defendant spanty, thereby making a false statement.

In addition, according to the victim's statement recording room at the women's children's center at the ○○ police station, and each video recording CD recorded each statement at the victim's center at the victim's center at the south Seaba and the ○○ police station, the victim was investigated by the method of giving detailed answers to the criminal act of the defendant, and the victim's statement attitude, contents, and the consistency of the statement does not seem to have made the victim's false statement even if considering the following factors: (a) the police officer made a simple inquiry

Therefore, since the victim's statement is sufficiently reliable, the above assertion by the defendant and the defense counsel is not accepted.

The crime of this case is committed by the defendant's attempt to engage in considerable number of indecent acts by promptly inserting female students in high school who have served as the principal in his official residence, and inserting his fingers into the records of the victim's own, and inserting his fingers into the records of the victim's body, and then trying to engage in sexual intercourse on the body of the victim's body. The crime of this case is extremely poor.

In particular, when the Defendant commits an indecent act against the victim, considering the fact that: (a) the Defendant provided 10,000 won to the victim with money from KRW 10,00 to KRW 70,00; (b) the Defendant demanded the victim to not speak to the son or son; and (c) concealed the crime; (d) the victim’s complaint to the effect that the investigation into the instant case began; (b) the victim’s complaint to the effect that the victim was unfasible to harming himself or herself; and (c) the victim’s complaint to the effect that he or she committed an act that he or she was unable to fill in the vehicle or horse does not seem to be at all reflect; and (d) the victim’s shock caused by the shock of the instant case and could not know his whereabouts be deemed to have a serious damage

However, the above punishment shall be determined in consideration of the sentencing factors favorable to the defendant, such as the fact that the defendant has no record of criminal punishment in the past, the attempted sexual intercourse by force, the fact that the defendant was hospitalized in the hospital, the awareness that the defendant was hospitalized in the hospital, and the fact that the victim does not want the punishment for the defendant as a result of the victim's opinion obtained by the referring of the referring to high school without the intention of the referring that the victim does not want to be punished for the defendant, and other circumstances, such as the defendant's age, character and behavior, environment, means and consequence of the crime, circumstances after the crime, etc.

1. Summary of the facts charged

The Defendant was the principal of the ○○○ High School, and Nonindicted 1, a child or juvenile victim Nonindicted Party 1, a female student at the above school. The Defendant: (a) took advantage of the status of the principal of the school, such as having the victim enter the school room and enter him/her into the school room; and (b) forcing the victim to go again to his/her official residence if the victim does not comply with it; and (c) led the victim to force to put his/her fingers into the school room, thereby committing so-called “similar sexual intercourse”.

(1) 피고인은 2010. 6. 하순 18:30경 피고인의 위 관사 안방에서, 피해자 공소외 1(여, 16세)을 침대에 눕힌 후 피고인의 혀를 피해자의 입안으로 넣고, 피해자의 가슴을 빨고 피해자의 음부에 손가락을 넣은 후 피해자로 하여금 양다리를 벌리게 한 후 피해자의 음부를 핥고, 계속하여 피해자의 몸 위에 올라타 피고인의 성기를 피해자의 음부에 비비대면서 위아래로 왕복하였다. 이로써 피고인은 피해자의 성기에 손가락을 넣는 행위를 하였다.

(2) At around 20:00 on April 12, 201, the Defendant: (a) laid the victim Nonindicted Party 1 (the age of 17), laid down the victim Nonindicted Party 1 (the age of 17) in a bed; (b) laid down the victim’s chests and sound part of the victim’s clothes; (c) put the victim’s fingers into the drinking part of the victim; (d) made the victim’s sexual organ as soon as possible; and (e) let the victim go the victim’s sexual organ back to the victim’s upper part; and (e) shut down the victim’s her sexual organ into the part of the victim’s drinking part, and brought the victim’s fingers into the lower part of the victim’s sexual organ. Accordingly, the Defendant put the victim’s mouth into the victim’s mouth; and (e) putting the victim’s fingers fingers into the victim’s sexual organ.

2. Determination

The proviso to Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children and Youth shall not be prosecuted against the express will of the victim. Article 10(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes provides that “any person who commits an indecent act against a child or youth by a deceptive scheme or by force against a person under his/her protection and supervision due to duties, employment or other relations shall be punished by imprisonment for not more than two years or by a fine not exceeding five million won.” Article 7(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that “any person who commits an indecent act against a child or youth by force shall be punished by imprisonment for not less than 0 years or by a fine not exceeding 5 million won.” Article 7(2)1 and 2 of the same Act provides that “Any person who commits an indecent act against a child or youth shall be punished by imprisonment for a limited term of not less than 0 years,” and any person who commits an indecent act against a child or youth by force shall be punished by a limited term of not less than 0 years.”

The purport of Article 7(2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which differently prescribes the statutory punishment for the act of similarity using parts of body, such as mouth and fingers, and the act of indecent act by compulsion, is to distinguish between the act of similarity with children and juveniles by assault and intimidation and punish them more strictly by distinguishing it from the general indecent act by force and threat. However, the concept of indecent act is the concept that covers sexual harmful act other than sexual intercourse that may cause sexual humiliation or aversion to the victim.

However, the proviso of Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes provides that a public prosecution against an indecent act committed by force against a person under his/her protection and supervision shall not be instituted against the victim’s express intent. Article 2 of the Act on the Protection, etc. of Children and Juveniles against Sexual Crimes and Article 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes does not separately provide for the concept of indecent act. In the case of sexual intercourse by force against an adult female under Article 306 of the Criminal Act where a public prosecution can be instituted only upon a complaint under Article 306 of the Criminal Act, even if the liability for the crime of sexual intercourse is included in an indecent act under Article 10 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Protection, etc. of Victims thereof, even if there is no separate provision in the legal provisions, it shall be deemed that the act of similarity is included in the indecent act under Article 10 of the aforesaid Act.

If so, the defendant who is the principal of a high school committed the act of similarity with the victim in the above manner, is an indecent act by force against a person under his protection and supervision due to other relations, and thus constitutes the crime of no punishment of anti-competitive will.

However, according to the written withdrawal of a complaint filed by the victim, the victim can be found to have already withdrawn the complaint against the defendant on April 28, 201, which was before the indictment of this case was instituted. As such, each of the facts charged in this part constitutes a case where the procedure for indictment is in violation of the law and becomes null and void, and thus the prosecution is dismissed pursuant to Article 327 subparagraph 2

Judges Sentencing (Presiding Judge)

In case of being unable to sign and seal by judge's paid leave

Note 1) This part is a description of the process leading to the attempted sexual intercourse by force, and is not prosecuted as a similarity by force.

2) Under Article 1(1) of the Criminal Act and Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010), the upper limit of imprisonment is 15 years.

Note 3) As examined below, the part dismissed as it constitutes a crime of non-compliance with will.

Note 4) On April 13, 2011, the filing date of the complaint, at the former Women’s Child Center at the Child Care Center at the ○○ Police Station, each of which was made on April 14, 2011 and May 4, 201.