2012Ma1227 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.);

Violation of the Act on the Protection of Juveniles against Sexual Abuse (Quasi-rape)

2012 Before the consolidation of order to attach 201

A

Kim Jong-Un (Court of Prosecution) and Domina (Court of Justice)

Law Firm B, Attorney C

June 14, 2013

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete a sexual assault treatment program for 160 hours.

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

Notice of information about the accused shall be notified for 6 years (However, the summary of sexual crimes shall be limited to the crimes No. 2 of the ruling).

A person who has requested an attachment order shall be ordered to attach an electronic tracking device for seven years, and matters to be observed in the attached Form shall be imposed during the period of attachment.

Criminal facts and the facts constituting the attachment order [criminal facts] The defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendants") are well known of the inspection "G" located in F of the Busan East-gu, Busan, and the victim H (hereinafter referred to as 17 years old) had access to the inspection since around 5-6 years ago, according to I, the victim's mother, such as the above E and G as soon as possible.

Since the defendant is a good faith of the above temple, which is highly strong for the defendant's confidence, and the victim's culture and treatment, etc. who had been going out at the time of the defendant committed an indecent act or rape, the victim committed an indecent act by taking advantage of the fact that even if the victim did not report damage to I and reported damage to I even if the victim did not do so, it would not believe it. From the beginning of the early 2010 to the end of November 2012, the defendant committed an indecent act against the victim by using the victim's chest as his hand for the purpose of treatment and best treatment for about 2 years and 6 months from the beginning of the 2010 to the end of the 2nd half of the 2012.

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

On August 8, 2010, the Defendant: (a) had been divingd on the wall of the above E (the age of 15 at that time) with a view to reporting rape; (b) left the body of the victim; (c) laid down the body of the victim; and (d) laid down the victim’s body; and (c) spanty and panty panty, spanty were spantyd by the victim; and (d) had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse once by taking advantage of the victim's inability to resist.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

At around 02:00 on November 17, 2012, the Defendant: (a) tried to report and rape the victim (at that time, 17 years of age) who was divingd from the extension treatment room of the above G; (b) exceeded 17 years of age; (c) went off the victim’s body part; and (d) laid down the victim’s body part; and (d) placed his sexual organ into the part of the victim’s sound, and had sexual intercourse once.

Accordingly, the defendant has sexual intercourse once by taking advantage of the victim's inability to resist.

【Fact of Grounds for Attachment】

As stated in the above facts constituting a crime, the Defendant committed a sexual crime against a person under 16 years of age, and ② commits a sexual crime on two or more occasions, and is recognized as a habit of such crime. Also, there is a risk of recommitting a sexual crime.

Summary of Evidence

【Criminal Facts in the Market】

1. The statements made by witnesses J and K in the second protocol of trial;

1. The statement of H contained in each statement video CD (the risk of recidivism in the market and recidivism);

The following circumstances recognized by the process and contents of the crime of this case, the defendant's age, character and conduct, and the statement of the claim pre-trial investigation report in the living environment, namely, ① the defendant committed two sexual assaults against the juvenile victim, and repeatedly committed sexual indecent acts under the pretext of the initial treatment, the best treatment, etc. for a period of two years, ② the evaluation results of the risk of recidivism against the defendant, ② the evaluation results of the application of the Korea sex offender recidivism risk assessment (KSAS) are 8 points, and the evaluation results of the application of the Korea sex offender recidivism risk is 15 points. The evaluation results are 15 points. In addition, considering the circumstances of the crime of this case and the defendant's overall living attitude, it is recognized that the risk of recidivism of the same crime is high" (Article 224 of the evidence record).

Application of Statutes

1. Article applicable to criminal facts;

Article 7(4) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11047, Sep. 15, 201); Article 299 of the Criminal Act (the fact of juvenile quasi-rape in the market), Article 7(4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 299 of the Criminal Act (the fact of juvenile quasi-rape in the market)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed for a violation of the Act on the Protection of Sex Offenses of Children and Juveniles (Rape, etc.) with a heavier penalty]

1. Order to complete programs;

The main sentence of 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 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. An order to notify;

Article 38-2 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. An attachment order;

Articles 5(1)3 and 4 and 9(1)2 of the former Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (Amended by Act No. 11558, Dec. 18, 2012);

1. Imposition of obligations;

Article 9-2 (1) 1 and 3 of the Act on Probation, Electronic Monitoring, etc. of Specific Criminal Offenders

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

According to the request of the victim's mother, the defendant only has the records of the medical treatment and the best medical treatment for the victim, and there is no sexual intercourse between the victim and the date, time, and place stated in the judgment.

2. Determination

In light of the following circumstances, it is recognized that part of the evidence mentioned above against the defendant's prosecutor's office and police interrogation protocol, prosecutor's protocol of interrogation of the defendant, prosecutor's protocol of the prosecutor's office against K, prosecutor's protocol of the police officer against J (the first prosecutor's protocol of the police officer) and prosecutor's protocol of the police officer against H were quasi-rapeed at each time and place of the decision of the

(a) Details of complaints filed by a victim;

On November 2012, 2012, the victim talked about the fact of damage to the male-friendly Gu that had been dead for more than eight months, and the male-friendly district notified the victim's speecher of the fact of damage to the J on November 25, 2012, the victim filed a complaint against the defendant on November 25, 2012 (Article 3, 16, 17 of the witness examination protocol against the witness J), and the victim seems to have no reason to talk about the fact of false sexual assault to his own male-friendly Gu.

The defendant and his defense counsel asserted that the victim's mother's mother's child forced the victim to receive weather treatment and the best treatment in the temple in the decision of the defendant's operation, and that the victim caused the victim to file a false complaint of this case. However, even if there were such circumstances, the victim who was the second-year high school of 17 years old at the time of the complaint does not have to find the defendant without the same motive, and it is difficult to find any other reason to file a false complaint against the defendant.

B. The credibility of the victim's statement

The victim made a statement twice through the police, while the victim made a relatively concrete and consistent statement about the indecent act, on the other hand, there was a statement that is somewhat ambiguous about the content of each crime in the judgment or partially inconsistent about whether or not the sexual organ of the defendant was generated. However, this is deemed due to the limit of expression due to a sense of shame and lack of age and experience about specifically describing the sexual organ as a juvenile of 17 years of age. The damage per se in the judgment itself is a relatively clearly stated statement that the defendant inserted the Defendant’s sexual organ in his own sexual organ while the defendant was in the inspection operated by the defendant.

다. 피해자의 언니 J, 이모 K의 추행 관련 진술 피해자의 언니인 J는 이 법정 및 경찰에서 2007.경 6개월 동안 피고인으로부터 기치료를 받으면서 수 회에 걸쳐 가슴을 만지고 옷 위로 성기 부분을 만지는 추행을 당하다가, 마지막에는 피고인이 입술로 젖꼭지를 빨아 모친인 I에게 위 사실을 이야기하였으나, 가 이를 무시하고 계속 기치료를 받으라고 하여 모친과 크게 싸우고 그 이후로 절에 가지 않았다고 진술하였고, 피해자의 이모인 K은 이 법정 및 검찰에서 2007.경 피고인으로부터 기치료를 1회 받았는데 피고인이 손바닥 전체로 가슴 양쪽을 동시에 주무르고 손을 가랑이 사이 허벅지 안쪽으로 깊숙히 넣어 주무르는 등 추행을 하여 이후 치료를 받지 않았고, J로부터 위와 같이 수차례에 걸쳐 피고인으로부터 추행을 당하였다는 이야기를 듣고 I에게 애들을 데리고 절에 가지 말라고 하였으나 I가 피고인을 맹신하고 자신의 말을 듣지 않아 형제들 사이에 다툼이 있었다고 진술하였는바, 아래에서 보는 바와 같은 피고인의 기치료 및 뜸치료 방법의 습득 경위나 내용 등에 비추어 보면, 피고인은 피해자에 대한 판시 범행 이전에도 피해자, J, K 등을 상대로 치료를 명목으로 한 성추행 행위를 하여 온 것으로 보인다.

(d) The defendant's career and the victim's mother I's credibility;

1) On May 20, 2008, the Defendant presented a certificate of encouragement by having himself registered with L Religious Organizations (referring to a religious group separate from MM religious organizations, which is the largest end group affiliated with the Korea Buddhist Religious Organization) on or around May 20, 208 (Evidence Records No. 112, 113), but was not aware of the location, contact point, general secretary, etc. of the religious group (Evidence Records No. 112, 113), and around around 2008 to 209, N’s “N in the South-Nam-Nam-do-ro around 117 et al. of the evidence record) was receiving a weather treatment and the extension treatment (Evidence Records No. 117 of the evidence record), and it was difficult for the Defendant to write it out as a horse only by the end of king, and thus, it appears that he was aware of the meaning of beer and abortion or scryering knowledge of blood transfusion, such as a 14-cock, etc.

2) At the top of “G” as stated in Paragraph 2 as stated in this Court, I, the victim’s mother, her mother, sleep with the victim, sleep with the victim’s wall, sleep with the victim’s wall, and sleep with the door. The Defendant stated that he sleeps from the side of the vehicle in front of the law, and that there was no fact that the victim and the victim did not have any other person in the highest room while the victim were self-employed.

However, even after a considerable time after the victim's complaint was filed, the victim's appearance and appearance of the victim were not memoryed on the day of the crime, and the defendant's counsel met with the defendant, and then reported the pocketbook to the office and sent the book to G without going to work at the restaurant that he worked (the 9,10 pages of the witness I's protocol of examination of witness I). It seems to be natural and unsatisfy, rather, memory of the victim's person's person and the victim's person's person's person's person's person's person's person and person's person's person's person's person's person's person's person's words and the other's person's person's person's person's person's person's other than the victim's person's person's person's other than the victim's person's person's mother did not believe the words of K's father and the defendant's person's person's witness's person's testimony and the defendant's person's person's person's person's person's person's witness's person's witness's witness's testimony.

Reasons for sentencing

[Scope of Punishment] Imprisonment of 5 years to 45 years

[Scope of Recommendation] 5 years to 12 years

○ Basic Crimes: Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.)

[Determination of Punishment] Sex Offenses, General Criteria, rapes (subject to 13 years of age or older), Juvenile Rape (Type 2): Aggravations: Use of personal trust relationship in the case of crimes against juveniles

[Scope of Recommendation] 5 years to 8 years (Basic Area)

○ Concurrent Crimes: Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (rape-rape, etc.)

[Determination of Punishment] Sex Offenses, General Criteria, rapes (subject to 13 years of age or older), Juvenile Rape (Type 2): Aggravations: Use of personal trust relationship in the case of crimes against juveniles

[Scope of Recommendation] 5 years to 8 years (Basic Area)

○ Scope of recommended punishment revised according to the standards for handling multiple crimes: Imprisonment for 5 years (minimum limit of basic crimes) to 12 years [the maximum limit of basic crimes + 4 years ( maximum limit of concurrent crimes x 8 years x 1/2)];

[Determination of Sentence] Six years of imprisonment

In light of the fact that the Defendant was the mother of the victim as the status of encouragement, and that the I, who is one of his own belief, was fluorant, committed a sexual indecent act with the name of medical treatment for a period of not more than two years, and continuously repeated the sexual indecent act with the name of medical treatment, and that the crime is very serious, and that the victim did not deny the crime, but did not have any effort to recover the damage, such as criticism of the victim's behavior, and rather did not make any effort to correct the damage.

However, there is no history of criminal punishment except for a fine imposed once due to the crime of violating the Food Sanitation Act, assault or intimidation against the victim, and the victim seems to have ceased to commit the crime, etc. under favorable circumstances, the punishment shall be determined as ordered by taking into account the age, character and conduct, family relationship, etc. of the defendant and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct

Where a conviction becomes final and conclusive on the criminal facts of this case, which are sexual crimes subject to registration under the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is subject to registration of personal information pursuant to Article 33 (1) of the above Act and is obligated to submit personal information to the competent agency pursuant to Article 34 of the same Act

Chief Judge Park Jong-chul

Judge Lee Young-young

Judges Cho Jong-sung

A person shall be appointed.