206Gohap384 Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (13)

Minor Rape, etc.), punishment of sexual crimes and victims thereof

Violation of the Protection, etc. Act (Special Rape, etc.), indecent act by compulsion, and minor

Multilateral music

○○○ (OC○○○), Labor

Residence and permanent domicile ○○○○ Dong

- Quantities 00

Attorney Park ○-○, ○○, public-service advocate ○○

May 16, 2007

A defendant shall be punished by imprisonment with prison labor for eight years. The number of days under detention prior to the pronouncement of this judgment shall be included in the above sentence.

Criminal History Office

From 199 to 199 after the former wife and divorce, the Defendant left the victim Kim○○ and Kim○○, who is the father and wife of ○○○○○ and his/her father and wife, while maintaining a de facto marital relationship with her former wife and had the victims of a minor who cannot be understood properly as to sexual intercourse, and had the victims promptly feel the Defendant’s sexual organ by repeatedly speaking several times as if it was a normal act that could be seen as to sexual intercourse at any time.

1.In the small room of ○○○○○○○○○○ Dong, which is located in the ○○○○○○○○ Dong on the day-to-day 2000, the victim is indecently committed by deceptive means by allowing the victim to promptly enter the victim with his sexual organ as soon as possible, while making him aware of whether he is responsible for all of his internal organ. A man’s act of omitting his sexual organ is only theme, and should not be the other person. If he believe that it would be an issue, all of his inner organ would be an issue.”

Of September 2001, 2001, the Defendant ○○○○ (the 11-year old age) who is a minor in the house room of the Defendant 3rd floor located in ○○○○○○○○-dong, provided that “this is fine for having sexual intercourses. If it is believed that there is any defect in the inside, there is no problem.” While having the victim go on his own part, the victim would have sexual intercourse with the victim by inserting his sexual organ into the part of the victim’s sexual organ, and then having sexual intercourse with the victim by deceptive scheme;

3. At around 00:0 on September 2001, the defendant's house located at 00:0 :00 : (a) locking the victim Kim ○ (10 years of age) who is a minor from the room of the defendant's house, "whether or not he is her her her her her her her she will be. No problem is any problem; (b) her she her she kel and her her kel, her kel and her her kel with the victim, her kel and her her kel with the victim's her her kel toward the sexual flag, and makes the victim quickly

4. On January 2002, 200, at the office room of the defendant's 3rd floor located in OO-si and O-si, the victim KimO (the age of 11) who is a minor had a sexual relationship with the victim "I am am me bling about the inside, and have a sexual relationship with us", "I am me will not speak. I am me will bring the victim's clothes up to the victim's clothes. I am off, let the victim's clothes, put the sexual flag into the part of the victim's body, and sexual intercourse with the victim's sexual intercourse by inserting

5. At around May 2002, the defendant's office located in the OO-si and the defendant's office located in the fourth floor, "this subject has become time when only 20,000 space has been in Korea." In the future, the victim's sexual intercourse with the victim by inserting his sexual organ into the victim's house and inserting his sexual organ into the victim's house in the victim's house located in ○○○○○○○○ (14 years old) around June 2004, the victim's Kim ○○○ (14 years old) had sexual intercourse with the victim's house located in the defendant's office located in ○○○○○○○ (14 years old). Unless this subject, the victim's sexual intercourse appears to be impossible. The victim's sexual intercourse appears to have been inserted into the victim's body by inserting the victim's sexual organ and inserting the victim's sexual organ into the victim's own house."

7. On January 2005, 2005, ○○○○○○○○○○, a woman living together at ○○○○○, decided to see separately from ○○○, which was a woman living together, and on the ground that there was a new and serious elication, she committed an indecent act by force against the victim by forcing the victim by demanding the victim Kim○○ (15 years old) who is fright in the mind that she would kill her sexual flag rapidly and by forcing the victim to put his sexual organ into the victim’s entrance, on the ground that there was a new and serious elication.

8. On July 2005, 2005, ○○○○○ (15 years of age) of the victims of the Defendant’s house located in the OOO-si, with the knowledge of the relationship between ○○○○○ and ○○○○○○ (hereinafter “○○○○”). Favour may raise an issue, and thus, ○○○○ should not take this issue. To do so, ○○○○’s house and ○○○○○ (hereinafter “○○”). ○○○”). Then, ○○○ was able to prompt the victim’s sexual organ, but ○○○○ was 6 years of age with the victim’s house, and ○○○ (hereinafter “○○”). ○○○”). Then, ○○○ (hereinafter “○○”). ○○”). Then, ○○ and ○○○ (00 years of age) was favourd with the victim’s sexual intercourse, she would be able to immediately see the victim’s new organ.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness, new 00. KimO

1. Entry of each part of the protocol concerning the examination of the accused by the prosecution;

1. Each statement made by each prosecutor on the new ○○, Kim○, and Kim○○;

1. Each description of each self-written statement of Kim○-○ and Kim○-○;

Application of Statutes

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

Article 8-2(4) and (2) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (amended by Act No. 8059 of Oct. 27, 2006; hereinafter the same shall apply), Article 298 of the Criminal Act (amended by Act No. 8059 of Oct. 27, 2006; hereinafter the same shall apply), Article 8-2(4) and (1) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof, Article 8-2(4) and (1) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof, Article 297 of the Criminal Act (amended by Act No. 8050 of Oct. 27, 2006; hereinafter the same shall apply), Article 6(2) and (1) of the Criminal Act, Article 298 of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof, Article 302(2) of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed in the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (Violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims Thereof) around May 2002]

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

Judgment on Defendant’s argument

1. Defendant's assertion;

The defendant, like the facts charged in this case, committed an indecent act against the victims or conspired with the victims, but all of them asserted that there was no deceptive act by the victims or assault or intimidation against the victims.

2. Determination:

A. As to the crime Nos. 3, 7, and 8 (as to the assertion that there was no assault or threat)

According to the above evidence, including each statement of the victim Kim ○, Kim ○, and Kim ○○, the defendant committed an indecent act after assaulting and threatening the victims as stated in each of the facts constituting an offense in this part of this part. It can be sufficiently recognized that the defendant committed an indecent act. Accordingly, the defendant's assertion is not accepted since all of the facts charged are found guilty

B. As to the facts constituting the crime Nos. 1, 2, 4 through 6, and 9 (the assertion that there was no deceptive scheme), the phrase "manner" under Article 8-2 (4) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof and Article 302 of the Criminal Act means that an actor misleads the other party for the purpose of sexual intercourse or indecent act or indecent act by taking advantage of the other party's in-depth condition that the offender misleads the other party for the purpose of sexual intercourse or indecent act. Here, the term "the site" refers to the misunderstanding, mistake, and site on the condition that the sexual intercourse or indecent act itself or the act of indecent act is inseparably related to sexual intercourse or indecent act (see, e.g., Supreme Court Decisions 201Do5074, Dec. 24, 2001; 2002Do2029, Jul. 12, 2002).

According to the evidence of ○○○ and Kim○, the victims of sexual intercourse with 00 years old, and the victims of sexual intercourse with 199 years old and were forced to engage in sexual intercourse with 0 years old and no more than 5 years old and thus, the victims of sexual intercourse with 0 years old and the victims of sexual intercourse with 0 years old and thus, they cannot be found to have been convicted of the victims of sexual intercourse with 0 years old and 2 years old. The victims of sexual intercourse with 0 years old and 4 years old and 5 years old and 5 years old and 5 years old and 5 years old and 6 years old and 6 years old and 6 years old and 6 years old and 6 years old and 6 years old and 6 years old and 6 years old and 6 years old and 6 years old and 6 years old and 6 years old and 6 years old and 6 years old and 6 years old and 6 years old and 7 years old and 77 years old.

The crime of this case was committed by the victim who is called "the defendant's 'Ivoking' through 8 years from the time when she was 9 to 10 years of age. The defendant first committed an indecent act against the victims, and the victim was sexual intercourse with the victim by assaulting her mother or her mother, and her mother's her son and her son at one son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son'.

The presiding judge, the senior judge;

Judges Lee Jae-ho

Judges Kim Gung-han