1. Violation of the Punishment of Violences, etc. Act (joint violence)

(b) Violence;

(c) Intimidation;

(d) Injury;

(e) Forced;

(f) Indecent acts;

1. (a) b. (c) d. E:

A, 202 People, South and North, and Company Board

Residence

Reference domicile

2.(a)(e)

B, 202 Nos. 2002, South and North, Company Board

Residence

Reference domicile

3.(a)

C, 202 Nos. 2002, South and North, Company Board

Residence

Reference domicile

4.(a)(b)

D, 202 South, South and North arba

Residence

Reference domicile

5. (a) (f)

E, 203 N, South, arba

Residence

Reference domicile

Kim Jong-si (Lawsuit) and Kim Jong-si (Trial)

Attorney Kim Jong-sung (Korean Peninsula for the defendant)

May 14, 2021

Defendant A’s imprisonment with prison labor for a maximum of one year and six months, Defendant B’s fine of seven million won, Defendant C’s fine of three million won, Defendant D and E, respectively, shall be punished by a fine of five million won.

Defendant B, C, D, and E fail to pay each of the above fines, each of the above Defendants shall be confined in a workhouse for a period calculated by converting 100,000 won into one day.

Defendant E shall order the completion of the sexual assault treatment program for 40 hours.

Defendant B, C, D, and E shall be ordered to pay an amount equivalent to the above fines.

Of the facts charged against Defendant D, the prosecution against assault is dismissed.

Punishment of the crime

The Defendants and the victims F (Nam, 18 years old) are those who attended the same grade of high school.

1. Violation of the Punishment of Violences, etc. Act;

A. Joint criminal conduct by Defendant C and Defendant D

At around 17:00 on June 15, 2020, the Defendants stated that “○○○ High School ○○○ and ○○○○○○○○ ○○ ○○ ○○ ○○ ○○ ○○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ”, and that “the Defendants were seated in front of the strings where the Defendants were seated, then the Defendants got back to the strings of the strings of the strings, and the strings of the strings of the strings and the strings of the strings of the 2020s.”

Accordingly, the Defendants jointly assaulted the victim.

B. Joint criminal conduct by Defendant B and Defendant D

피고인들은 2020. 6. 중순 20:00경 위 ○○고등학교 기숙사에 있는 피고인 D의 방에서 피해자를 불러 괴롭히기로 하고 피해자를 위 방으로 부른 후, 피고인 D은 피해자에게 마치 자신이 시키는 대로 하지 않으면 피고인 B을 왕따시킬 것처럼 "G이가 왕따가 되야한다, G이를 구해주고 싶으면 로우킥을 맞아라."라고 말을 하였고, 장난인 것을 눈치 챈 피해자가 별다른 반응을 하지 않자 피해자에게 인상을 썼다. 이에 피해자가 피고인 B에게 "니 방으로 가라."라고 말하여 피고인 B이 밖으로 나가자, 피고인 D은 피해자에게 "니 왜 G이 내보는데?"라고 말을 하며 주먹으로 피해자의 상체 부위를 수회 때리고, 이어 밖으로 나간 피고인 B이 다시 들어오자 피고인 D은 재차 주먹으로 피해자의 상체 부위를 수회 때리면서 “○○야 몰래 카메라였다, 장난이었데이.”라고 말을 하고, 옆에 있던 피고인 B은 "니는 왜 적극적으로 나를 안 구해주노?"라고 하며 주먹으로 피해자의 상체 부위를 2회 때렸다.

Accordingly, the Defendants jointly assaulted the victim.

C. Joint criminal conduct by Defendant A and Defendant E

Defendant E: (a) around 20:00 on August 17, 2020, around 20:0, at the dormitory expenses of the above ○○ High School, Defendant E: (b) on the same day, in the playground around the same day, the victim, who had lived with himself, returned to the dormitory first, went back to the dormitory? Defendant E: (c) “I go back to the dormitory?” and (d) the victim went to the room of the dormitory of Defendant A.

피고인 A은 자신의 기숙사 방에서 피해자의 몸이 자신의 침대에 닿았다는 이유로 피해자의 머리채를 잡아 밀치고, 피고인 E는 "그러게 왜 도망을 갔노, 내가 도망가지 말랬재?"라고 말하며 주먹으로 피해자의 상체 부위를 3~4대 때리고, 주저앉은 피해자의 머리를 발로 1회 찼다.

Accordingly, the Defendants jointly assaulted the victim.

D. Joint criminal conduct by Defendant A, Defendant B, and H

At around 22:00 on August 20, 2020, the Defendants discovered that the victim talks in the room of another relative room, and enter the room, and Defendant A called “the victim is a self-employed person who will be ○○○.” The victim was laid on the bed, and then the victim's body was divided into the victim's body, and the victim was unable to move from the victim's body, while Defendant B was deprived of the victim's body, Defendant B was able to walk the victim's name above, and 20 times off the victim's body and walked the victim's name above, and 20 times off the victim's line with drinking, and the victim was the victim's "the mileage ..........., the victim 100 square meters, 10000 persons, 10000 persons, and 1000 persons, and her head is the victim's head,” and Defendant B was the victim's head.

Defendant A, at one’s own room, called “the victim shall see at night.” The victim shall be placed on the bend door, and the victim shall be placed on the bend door, and Defendant B shall not leave the victim for about five minutes by putting both sides of the victim on the bend door, and Defendant B, following the Defendant A’s opening of a visit and ordering the victim to see “I am on, and am back to am back to the back to the back,” and “I am within the limit of the measure” and “I am back to the back to the next end?” The victim’s right bucks 4 to five times after leaving 4 to 5 times so that the victim’s right bucks down to the bend door to the floor, and the victim’s head was frighted by Defendant A and H, and the victim’s head was able to move on the hand floor.

Accordingly, the Defendants assaulted the victim jointly with H.

2. The sole criminal conduct of Defendant A;

(a) Violence;

1) The assault dated 6, 2020

On July 6, 2020, at around 21:30 on July 6, 2020, the Defendant sent the victim to his dormitory located at the above ○ High School, and assaulted the victim by drinking only once, on the ground that the victim told another person that he would be smoking tobacco.

2) Violence on August 13, 2020

Around 23:00 on August 13, 2020, the Defendant told the victim at his dormitory located at the above ○○ High School, and told that “the victim frighted, frightened, she shall be frightened between the victim’s body.” On the top of the victim’s body, she can breadd the victim’s body, she can bread the victim’s body, and she can bread the victim’s body, and she can bread the victim’s body, “I (the victim’s mother’s name),” and she tried to bread the victim’s horse according to the victim’s horse. However, when the victim refused it and did so, the victim’s bread the victim’s body, when the victim’s body and bread with the victim’s body, the victim’s body, she tried to have the victim escape from the victim’s body, and then she can see it from the victim’s body.”

(b) Intimidation;

1) intimidation on July 6, 2020

At around 22:00 on July 6, 2020, the Defendant: (a) heard the fact that the victim had a female in the dormitory room in the said ○ High School due to the assault described in Article 2-A-1 of the said ○ High School; (b) threatened the victim with the victim, saying, “If the day of delivery is wrong, the victim would be satisfyed to the degree that he would come to her; and (c) the four dynamics going to this school will not only go to the degree that he would go to her; and (d) threatened him.”

2) Intimidation on August 13, 2020

At around 23:30 on August 13, 2020, the Defendant, at his dormitory located in the above ○ High School, threatened the victim who escaped with the help of his her her friend after being damaged by the assault described in paragraph 2-A-2 of Article 2, and threatened the victim with the victim by saying, “I end up to this point because today goes to the house, she reaches knife with knife, and knife knife knife knife knife knife knife knife knife knife.”

(c) Injury;

On August 21, 2020, at around 00:0, the Defendant assaulted the victim, as described in paragraph (d) of Section 1, and sent the victim to his own room, but the victim did not respond to it, but did not respond to it.

At around 08:00 on August 21, 2020, the Defendant discovered the victim in the classroom of the above ○○ High School and ○○○○○○○ (hereinafter referred to as “the Defendant has been within the direction of the victim?”; on one hand, she was released from the victim’s hair by putting the head head and skeing the victim’s eye, cutting off the victim’s inner diameter; and then, she was called “whether she is so important?” she was drinking, she 2 times off the victim’s left chest, she walk up the victim, and she re-enters the victim. The Defendant got the victim from behind the victim, etc. again, and she got the victim out of the classroom that occurred, and she did not temporarily see the victim for two-three days, leaving the victim out of the classroom, and she did not open the victim’s hair with the victim’s hair, and she did not see the victim’s her hair.”

(d) Forced;

The Defendant, at the time and place set forth in paragraph (3) of this Article, inflicted injury on the victim at the above time and place, caused the victim to take the fright as stated in the Defendant’s statement, and caused the victim to write the fright and take the fright at the end of the fright, and had the victim sign the fright and sign the fright at the end of the Defendant’s statement.

이어 피고인은 피해자에게 "야 오늘 집에 갈 때 나랑 버스타고 같이 포항가자."라고 하였는데, 피해자로부터 "오늘은 같이 갈 수 없다, 엄마도 오신다고 했고 지금 동생 다리가 불편해서 여기에 있어야 한다."라는 말을 듣자 피해자에게 "나 요즘 스트레스 받는다, 빡치게 하지마라."라고 말을 하여 이에 겁을 먹은 피해자로 하여금 같은 날 11:00경 피고인과 함께 버스를 타고 포항까지 가게 하였다.

Accordingly, the defendant threatened the victim to commit an act of non-performance of obligation.

3. Defendant B’s sole criminal conduct / [Coercive]

On August 14, 2020, at around 14:25, the Defendant stated "the ○○ High School ○○ and ○○○○ team classroom" as if the Defendant were to have the victim go on the way coming together with the victim, and stated "the son is correct," "the son is called "the 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'.'

Accordingly, the defendant assaulted the victim to cause the victim to do an act that does not have any obligation.

4. Defendant E’s sole criminal conduct [Indecent Act by compulsion]

피고인은 2020. 8. 17. 20:20 경 제1의 다항 기재와 같이 피해자를 폭행한 후, 피해자에게 "니는 나한테 용서받는 조건이 있다, 첫 번째 네 젖꼭지를 내가 30초 동안 꼬집고 있는다, 두 번째 로우킥을 양쪽 다리에 5대씩 맞는다, 세 번째 부랄딱밤을 2대만 맞는다."라고 말하고, 이에 대해 피해자로부터 "그냥 다 싫다."는 말을 듣자 피해자에게 "부랄딱밤을 선택하면 약하게 해주께."라고 말하였다. 이에 피해자가 어쩔 수 없이 이를 승낙하자, 피고인은 손가락으로 튕기듯이 피해자의 성기 부분을 3회 때려 피해자를 강제로 추행하였다.

Summary of Evidence

(Omission)

Application of Statutes

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

(a) Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault and the choice of imprisonment), Article 260(1) of the Criminal Act (the width);

Article 283(1) of the Criminal Code (the occupation of intimidation, imprisonment, or imprisonment)

Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act

§ 324.1. Forced issuance and choice of imprisonment

B. Defendant B: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, Article 324(1) of the Criminal Act

It shall be deemed that there is a fine

(c) Defendant C: Article 2(2)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act

(d) Defendant D: Article 2(2)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act

E. Defendant E: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault and fine) and Article 298 of the Criminal Act

(Selection of Fines)

1. Aggravation for concurrent crimes;

Defendant A, B, D, and E: former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act

1. Illegal punishment;

Defendant A: Articles 2 and 60(1) of the Juvenile Act

1. Detention in a workhouse;

Defendant B, C, D, and E: Articles 70(1) and 69(2) of the Criminal Act

1. Order to complete programs;

Defendant E: the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Exemption from an order for disclosure and notification;

Defendant E: Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Articles 49(1) proviso and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

The proviso of the proviso (the Defendant E’s age, occupation, risk of recidivism, and the instant indecent act by compulsion)

The kind, motive, process and seriousness of the crime, disclosure order or notification order of the crime;

due to the degree and expected side effects of Defendant E’s disadvantage;

Prevention of sex crimes subject to registration which may be achieved thereby and protection of victims;

In comprehensive consideration of effects, etc., personal information shall be disclosed and notified.

Defendant E, inasmuch as it is deemed that there are special circumstances that may not be

such disclosure order and notice order shall not be issued.

1. Exemption from an employment restriction order;

Defendant E: The proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (currently, Defendant E is a child or juvenile

No sex offense has been committed against a person, and there is no risk of further recidivism.

It is difficult to readily conclude that the Defendant is high, and due to an employment restriction order, Defendant in the future.

social and economic disadvantages that would be suffered by Indian E may be considerably high.

Considering that the employment of Defendant E should not be restricted

Since it is determined that there is a circumstance that Defendant E is subject to employment restriction order.

institution.) The Corporation shall not file an application

1. Order of provisional payment;

Defendant B, C, D, and E: Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

The crime of this case is typical form of school violence in which the Defendants, who were high school students, committed violence, intimidation, bodily injury, coercion, indecent act by force, etc. over a considerable period of time without any particular reason.

Although the Defendants recognized each of the instant crimes, the first offense, or school violence is very serious in that they inflict serious mental impulses and pains that make it difficult for the victim to be easily cured within the short term. In fact, the victim of the instant case was also subject to the mental and medical treatment of trauma stress disorder. In addition, even though some of the Defendants were juveniles, the Defendants were the third year of high school at the time of each of the instant crimes, and they were able to sufficiently distinguish their right and wrong.

In particular, Defendant A led the school violence against the victim over several occasions, such as making the victim seriously and temporarily cut off, and did not yet have been used from the victim. In addition, Defendant A submitted to this court a written opinion stating that the victim’s disregarded himself/herself, the victim may be suffering from a disease, or that he/she may not be aware of only a part of the students who were bullyingd with the victim. In addition, Defendant A expressed an attitude that he/she would be able to take charge of the responsibility of this case, rather than taking into account these circumstances. Considering such circumstances, Defendant A’s sentence is deemed inevitable.

Defendant B, C, D, and E need to be subject to strict punishment corresponding to their degree of participation and responsibility. However, according to the advanced death of the above Defendants, the victim is currently not wanting to be punished any more after taking the above Defendants into consideration as a favorable sentencing factor.

Each of the above circumstances and the defendants' age, environment, character and conduct, motive, means and consequence of the crime, and all of the sentencing factors specified in the pleadings of this case, including the circumstances after the crime, shall be determined as ordered.

Personal Information to be registered and submitted [Defendant E]

Where a conviction on a crime committed by indecent act by compulsion is finalized, Defendant E is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent agency pursuant to Article 43 of the same

Public prosecution dismissed (Defendant D)

1. Summary of the facts charged

At around 23:00 on July 1, 2020, the Defendant was in the dormitory room of A in the above ○○ High School, and the Defendant was in line with A, J, etc., "I am in line with the victim", and "I am in line with the victim." The Defendant was in line with the victim's mother as a synthetic fishing, ambi, amben, amben, amben, amben, amben, or other family ties of the victim's mother or mother (referring to the insult used as the materials of the ambenth, amben, ambenth, amben, or other family ties) but the victim did not grow in line with the victim's amben, and the victim's amben in line with the victim's amben in line with the victim's ambenthy? When you amben, I am am 10 p.m."

At around 11:30 on the same day, the Defendant: (a) stated that “If he had come to her properly, he would have her fewed her few, her fewed at late to her few; (b) made the body of the victim two times in drinking, knee knee knee knee knee knee knee knee knee knee knee knee knee kne kne

2. Determination

Of the facts charged against Defendant D, the charge of assault is an offense falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the Criminal Act.

According to the written agreement prepared by the victim bound in the public trial records, it can be recognized that the victim expressed his/her wish not to punish the defendant after the institution of a public prosecution. Thus, the public prosecution for assault among the facts charged against the defendant D is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

Judges Yang Sung-sung

1) The date and time of criminal facts No. 1-A of the judgment