2016, 907

(a) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

(b) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

(c) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

(d) Violation of the Child Welfare Act (child abuse);

1.(a)(c) A;

2.B

3. D. C.

Han Jin-hee ( Prosecution) and Kim Jong-sung (Trial)

Attorney D, E (for Defendant A)

Attorney F (the defendant B and the defendant C)

February 17, 2017

Defendant A shall be punished by imprisonment with prison labor for seven years, by a fine of one million won for each of the defendants B and C.

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

Defendant A shall be ordered to complete a sexual assault treatment program for 160 hours.

To order Defendant B and Defendant C to pay an amount equivalent to the above fines.

Criminal History Office

Defendant A is the friendship of the victim G (V, 15 years old), Defendant B is the victim's friendship, Defendant C is the mother of the victim.

1. Defendant A

(a) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1) From June to July 2013, the Defendant was the mother of the Defendant in Gwanak-gu, Seoul Special Metropolitan City H, who was divingd within the lower limit of B’s house, and Daa was the victim’s chest, fry, and fry, etc. after he was the victim’s age at that time.

2) The Defendant: (a) was divingd from the end of the end of 2014 to the beginning of the beginning of the 2015, Seosan-si apartment 10-dong 419, the Defendant was the victim (the Defendant was the victim’s 11-year age at the time) who was divingd in the house room of the Defendant at 10-dong 419, Seosan-si; (b) and (c) was the victim’s

Accordingly, the defendant committed indecent acts by taking advantage of the mental or physical condition of the victim, who is a lineal descendant.

(b) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

From September 2014 to October 201, the Defendant: K apartment 201 Dong 602, K apartment 201 to K apartment 602, and located at the house of the Defendant or C, with the victim (the 13 years of age at that time), who was divingd with the victim, was set off with the victim’s clothes; and the victim’s body was laid off with the victim’s body; and the Defendant’s sexual organ was inserted into the part of the victim’s body.

Accordingly, the defendant has sexual intercourse with his lineal descendant by taking advantage of the victim's mental or physical state of difficulty.

(c) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

From January 2015, to February 2, 200, the Defendant used a cresh in the defendant's house 10-dong 419-dong 10-dong 419, the defendant's female-friendly room entered the defendant's house in his house, and she tried to get off the victim's clothes, and the victim walked in the defendant's house and she cannot get off the victim's knee with kne, and added the victim's sexual organ to the victim's sound room.

Accordingly, the defendant raped the victim who is a lineal descendant.

Defendant B

On June 2014, the Defendant, at the house of the Defendant located in the Gwanak-gu Seoul Special Metropolitan City, in the lower end of June, 2014, inflicted an incurable injury on the number of days of treatment that the victim (the age of 12 at that time) did not have to come home without any contact, and the head and face of the victim was taken back, and the victim was able to have his/her hair and face cut up to both sides.

As a result, the Defendant committed physical abuse that may harm the victim's body or harm the health and development of the body.

3. Defendant C.

At around 11:00 to 12:00 on January 2016, the Defendant reported that the victim (the 14 years of age at that time) was tending the above B at the same place as the above paragraph 2 above, and caused the victim’s bodily injury to the days of treatment by gathering the head of the victim’s hair and cutting down the head and shoulder of the victim’s head by cutting down the hear in and near the same place as the victim’s head.

As a result, the Defendant committed physical abuse that may harm the victim's body or harm the health and development of the body.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness L, M, N,0, P, Q and R;

1. Partial statement of witness G;

1. Each protocol of examination of the witness S or T;

1. The statement made by the victim in four CDs;

1. A written statement of the victim;

1. Report on internal investigation (to secure a counseling log - specialized child protection agency in the Chungcheongnam-west, report on internal investigation (to confirm the records of hospitalization and diagnosis of the victim's mental hospital), report on investigation (to attach photographs of the place of criminal investigation) and report on investigation (to correct the place of criminal investigation);

1. Statement, written opinion, explanation, etc. of statements and analysis by sexual assault experts against children and persons with disabilities, and a written request for inquiry;

1. Determination as to the assertion of the Defendants and their defense counsel on the admission card, counseling day, counseling day (out of case), resident registration copy, family relation certificate and removed copy, counseling schedule, etc.

1. Defendant A

A. Summary of the assertion

With regard to Article 1-A(1) of the facts constituting the crime in the judgment, the Defendant did not have any string three to four times a month in January 2013 by visiting the house, and, in case of visiting the house of Pyeongtaek B, the Defendant does not have any salvating the victim by force. As to Article 1-A(2) of the facts constituting the crime in the judgment, the Defendant does not have any salvating the body of the victim among the salved persons under drinking, but there is no salvating the body of the victim as a female-friendly tool. In relation to Article 1-2(1) of the facts constituting the crime in the judgment, it is impossible for the Defendant to have sexual intercourse with other families in the house of 15 to 16-16, which is not well soundproof with regard to Article 1-2(2) of the Criminal facts in the judgment, and there is no quasi-rape or rape with other families of the Defendant.

B. Determination as to paragraphs (a), (b), and (c) of Article 1-1 of the holding

1) Determination of credibility of the victim's statement

A) The process of changing the victim’s statement

(1) On March 24, 2015, the victim stated that he/she was sexually injured by the Defendant, his/her father-child relationship, and T, the student department leader, reported to the police officer in exclusive charge of school violence in the literature-related institutions prior to the protection of children of the Chungcheongnam-gu, Chungcheongnam filed a report on March 25, 2015.

(2) On April 6, 2015, from around April 23, 2015 to April 23, 2015, the victim was requested from the Seosan Police Station, the organization of the Chungcheongnam-west Child Protection Assistance Center, and the Seosan Family Counseling Support Center, but refused to make a statement. The police officer in charge of the Seosan Police Station asked W from May 4, 2015 to May 23, 2015 that W would have the intent to undergo an investigation, but W requested W would not proceed with the investigation because the victim refused to intervene in the police.

(3) On February 26, 2016, the victim stated that "M, which was known through X, was sexually affected by exposure," and that "the mother is trying to conceal it. There is currently going on the rooftop of the stairs." The victim reported the victim to the Gyeongbuk Youth Counseling Center. On the same day, the Gyeongbuk Youth Counseling Center connected the victim to the Child Welfare Center in Seoul Special Metropolitan City, which is in charge of the victim's domicile, and the victim was admitted to the Child Welfare Center in Seoul Special Metropolitan City, and the victim was victimized by sexual assault from the Defendant N as friendly to the counselor.

(4) On February 29, 2016, the victim was investigated by the police while the victim's public defender L was present at the Seoul Integrated Support Center, but refused to make a statement.

(5) On March 8, 2016, the victim was investigated by the police at the Seoul Integrated Support Center for Victims while the victim’s public defender L was present.

(6) Around October 2016, the date of the instant indictment, the victim stated that “Aber did not have sexual assault to himself” was a false statement made by Aber. Considering that the law of the Republic of Korea is weak, the child abuse alone was considered to be unable to escape from the family. The maximum method that he/she may report was sexual assault, and his/her father was considered to be sexual assault, and his/her father’s thoughts that he/she tried to lead him/herself to a correct way, and he/she did not want to freely and her. Therefore, he/she selected such a method.”

(7) A. (1) quasi-indecent act by force of the defendant in this court by force of the defendant.

B. A statement that there was no quasi-rape, or a crime of rape in paragraph (c).

B) Determination of credibility

Among the evidence submitted by the prosecutor, the victim's statement, the victim's statement at the Child Welfare Center in Seoul Special Metropolitan City and the police are flexible, and the other evidence is either based on the victim's statement or is insufficient to recognize each of the above crimes. Thus, the issue of this case is whether the victim's statement is credibility or credibility.

However, according to the following circumstances acknowledged by the evidence duly adopted and examined by this court and the details and process of reversal of the victim's statement, etc., the victim's statement from the defendant as stated in paragraphs (1), (b), (c) and (a) does not seem to have any falsity or falsity in the victim's police statement, which was committed by quasi-indecent act by the defendant, quasi-rape, and rape, and credibility is not acknowledged in the victim's letter and statement in this court.

(1) With respect to paragraph (1), (b), and (c) of Article 1 of the judgment, the victim made a concrete and consistent statement about the damage status at the Child Welfare Center and the police investigation in Seoul Special Metropolitan City.

The victim, at the Child Welfare Center of Seoul Special Metropolitan City, was under the influence of alcohol every time at a counseling company N twice a month because he/she gets violent and fluorous drinking. At the 13-year-old age, he/she first committed a sexual indecent act, but he/she was under the influence of her mother and the defendant. On any day, the defendant under the influence of her body was able to rhy and divee his/her sexual organ with his/her body. At that time, he/she thought that she was aware that she was aware of her body and she was fluord with her sexual organ. However, this day was almost repeated whenever she started in the house, and continued one year-year-old. The number of damages was 10 times or more regardless of the accurate number of damages, was added to sexual assault, and she made a contribution by 15-year-old, making a statement that she was under the influence of her sexual intercourse (one-year-old evidence).

With respect to paragraph 1-A. (1) of the judgment that the victim had been living in the police room at the time, and 3-4 times a month during which she was suffering. He stated that she was living in the same room, she was living in the same room, and she was living in the same room once or 2 a month, and she was living in the same room. At the first time, her chest and her chest was taken in the situation where she was living in the same room. At the first time, her chest was taken only when her was delivered, and her was sexualized. The she thought that she was aware that she was aware of drinking and a woman friendly."

With regard to paragraph 1-b of the decision, the victim inserted his eye and knee, knee, knee, with his eye at the police station. He saw knee and knee knee knee knee knee knee knee knee knee knee knee. knee knee knee knee knee knee knee knee knee knee knee knee knee. knee knee knee ke knee. knee knee knee knee knee knee ke ke. ke ke ke. ke ke ke ke. ke ke ke.

In relation to paragraph 1-C. of the ruling, "I am included in the family located in west," "I am more than her sexual flag," and I stated that "I am sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually,

② On March 24, 2015, the victim stated that he was sexually damaged by the Defendant during the first time after receiving the proposal from V Middle School Teachers S. “Addddyi?” and stated that it is difficult to punish the Defendant at the time of counseling with the V Middle School principals (Evidence No. 141 page). On February 26, 2016, the victim did not report sexual assault to the police, but did not report the fact of sexual assault to the police by the victim and X. The victim was subject to the police investigation by M, who exchanged contact with the victim through X. The victim refused to make a statement at one time in the police investigation, while making a statement about the above crimes, it is difficult to view that the victim was unable to be punished if he was sexually illly illly illly illly. However, he would not want to punish him. Furthermore, in light of the above circumstances, the victim’s statement that the victim would lose his parental authority, such as the victim’s father and the police officer’s statement that the victim would freely interfere with the police.

③ After the statement made by the police, the victim reversed the statement by this court. However, in light of the following circumstances, the victim appears to have reversed the remaining police statements, which concern whether the defendant, who was the victim, was unable to maintain his livelihood with punishment, and that the defendant's home was broken, and that he would be friendly with the mother and the mother.

① A victim was 6 years of age and her mother was living at a child care center in the middle of the five years of age at an elementary school. A victim was living at a child care center in Seoul and her friendly son B, who was friendly with the Defendant. On March 24, 2015, the victim was living together with the Defendant’s mother’s family at the time of the first statement of sexual assault from the Defendant. The Defendant was living at a separate place (Evidence No. 147 page), and the victim was living together with B’s family and her mother at the time of receiving counseling at the child care center in Seoul Special Metropolitan City on February 26, 2016, and the victim was living together with C’s family. As can be seen, the victim was living together with the Defendant’s mother, she or her mother, under the circumstances under which the Defendant is detained.

① According to the witness N’s statement, at the child welfare center in Seoul Special Metropolitan City, the victim stated that “it is difficult to see this day, so it is difficult for him to continue to do so,” but it is too difficult for him to go back to his house again because he did not go too much, and it is too difficult for him to repeatedly do so. If he commits suicide only once, I would like to commit suicide.”

The victim, who had been engaged in the operation of the police, stated that "I am early, I would like to see that I would like to see that I would like to see I am only when I would like to am. I would like to am. I would like to am. I would like to am. I would like to am. I would like to am. I would like to am. I would like to am. I would like to am. I would like to am. I would like to am. I would like to am. I would like to am. I would like to am. I would like to am. I would like to am. I would like to am. I would like to am. I would like to am. I would like to am. I would like to am. I would like to am. I would like to am. I would like to am. I would like to am. I would like to am. I would like to am. I would like to am. I would like to am. I will am. I am. I am. I am. I will now.. we will now...

④ The expert Q Q, which analyzed the statements of the victim, showed a more resistance attitude in the process of reporting and undergoing an investigation without his/her consent despite the absence of the victim's consent. However, the investigator explained the purpose and reason for the investigation in a consistent manner, so the meaning is not satisfied, but it seems that it was just and acceptable. The victim appears to be somewhat difficult to regulate the appraisal, or there is no big defect in the cognitive part. As a result of the analysis by the statement analysis tool, there is a possibility that he/she made a statement about the facts that he/she experienced because he/she met most quasis and did not have any motive or question that the statement was false (Evidence 319-323 of the evidence record)."

In the written opinion, AA, an expert analysis of the victim's statement, "as a result of analysis of the victim's police testimony behavior, the victim naturally thrhydddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd.

⑤ In relation to paragraph 1-A(1) of the judgment, the Defendant visited the Defendant at the time, 3 to 4 times a year, at the time, at the time, at the time, at least 1-2 of the judgment, and Article 1-2(b) and (c) of the judgment that the C’s house and its house are not well soundproof, and other family members or women’s job offers and made sexual intercourse with Y.

However, in the case of Article 1-1(a)(1) of the judgment, the victim’s statement asserts that the victim’s statement was not reliable on the ground that the other person was aware of it. However, in the case of Article 1-1(1) of the judgment, the number of visits made by the defendant and B cannot be seen as accurate, and as the defendant’s mother’s mother, B made it difficult to believe the victim’s statement as it is because the victim stated that each of the crimes of this case was erroneous as seen in the above Article 3 as seen above. In the case of Article 1-2(b) of the judgment, the defendant also made a statement that he was fright at the time of this case with the victim, and even according to the victim’s statement, the victim committed sexual intercourse with the victim by taking advantage of the situation in which the victim was self-employed and prevented the victim from suffering. According to the victim’s statement, according to the victim’s statement, the victim’s female-friendly job Y committed a show in the toilet.

C. As to Article 1-1(a)(2) of the judgment

In the police and the prosecution, the Defendant stated, “If you drink the alcohol in a house where you drink the alcohol, and they did so on the new wall, the victim was satisfing him, and her was satisf was sat down, and her was satisfing down to the bucks.” (Evidence records 305, 601, 602 pages). Even according to the above statement, the Defendant was satisf and the chest of the victim, and if he committed repeated indecent acts after drinking, it is reasonable to view that the Defendant had the intent to commit an indecent act against the victim, even if he was aware that he committed an indecent act.

2. Defendant B

A. Summary of the assertion

In the process of leaving the victim's body without a speech during the process of giving lessons to the victim's body, the defendant was at the time of the victim's attitude, and did not look at the victim's head and face. In addition, since the defendant was committed in order to admonish the victim who left the victim's body as friendly money, illegality is dismissed as it constitutes a justifiable act.

B. Determination

1) First of all, in relation to whether the defendant took the victim's face and head at the top of the victim's head, the victim was sufficiently recognized in light of the fact that, as stated in the criminal facts of the defendant's judgment, the victim took the victim's face and head into the top of the victim in light of the fact that "I am at the time when I am at the first year of the middle school, I am at the time when I am at the time I am in the middle school, I am at 6 am in the atmosphere of his am and both am in the atmosphere. At the time, I am in the atmosphere and am in the atmosphere."

2) Next, as to whether the above act of a defendant as a justifiable act is dismissed, an act that does not violate the social norms refers to an act that is permissible in light of the overall spirit of legal order or the social ethical sentiment or social norms surrounding it, and thus, whether a certain act does not violate the social norms should be determined individually by comprehensively and reasonably considering the specific circumstances below (see Supreme Court Decision 2001Do5380, Jun. 10, 2004; Supreme Court Decision 2001Do5380, Feb. 8, 2002). Meanwhile, a person with parental authority has the right and duty to protect and educate a person (Article 913 of the Civil Act) and may take disciplinary action necessary to protect or educate such person (Article 915 of the Civil Act). However, it should be exercised within the extent necessary for the sound development of personality (see Supreme Court Decision 201Do6468, Feb. 8, 2002).

Even if the defendant was living together with the victim upon the request by A, who is a person with parental authority over the victim, taking into account the circumstances leading up to the crime of this case, i.e., withdrawal of the victim's head and face, the age of the victim 12 years old, the physical punishment method, and the part or degree of injury, etc., the defendant did not have any other educational means for the victim, but did not have any other inevitable situation, and the method or degree of the physical punishment has lost objective validity. Ultimately, the defendant's crime of this case cannot be deemed as an act which is reasonable to the extent permitted by social norms in light of its means or method.

3. Defendant C.

A. Summary of the assertion

The defendant was collected from the victim who was released by the defendant. The defendant showed the victim's bad attitude while the victim gave a lessons to B, and he was placed with a fitness, which is a thing around the victim's head, and there is no slick in the victim's head or slick in the victim's head.

B. Determination

The victim was hospitalized in a mental hospital in the police from May 28, 2015 to November 28, 2015. After the release, the victim was caused by a cell phone in a way that can be talked with male-parent body and letters. From January 2016, the victim was found to have been in a cell phone. The victim was found to have been in a way that he was in a way that he was in a way to breath, he was in a way that he was in a way that he was in a way to breath, and he was in a small room, and the head was 4 to 7 to 8 times with a hemoth, who was in a way that he was in a way that he was in a way that he was in a way that he was in a way that he was in a way that he was in a way that he was in a way that he was in a way that he was in a way to breath, and he was in a way that he was in a way that he was in a way that he was in a way that he was aware of the victim's.

Application of Statutes

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

(a) Defendant A: Article 5(3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act, Article 5(3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act, Article 5(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of rape by relatives in relation of relatives);

B. Defendant B and Defendant C: Each of Article 71(1)2 and Article 17 subparag. 3 of the Child Welfare Act (Selection of Fines)

1. Aggravation for concurrent crimes;

Defendant A: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [Article 30 of the Criminal Act ]

1. Detention in a workhouse;

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

1. Order to complete programs;

Defendant A: Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Order of provisional payment;

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

1. Exemption from an order for disclosure and notification;

Defendant A: The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the disclosure and notification order of registered information is required to be careful in that it may have a significant impact on the Defendant. Each of the crimes of this case is intended for a victim who is a relative of the Defendant, and thus, the content of the crime of this case alone is likely to cause more damage to the victim due to disclosure and notification as it is possible to specify the victim, there is no history of sex crime against the Defendant, and in this case, it is expected that the effect of preventing recidivism can be achieved only by the registration of personal information and the completion of sexual assault treatment program, etc., due to disclosure and notification order will be relatively less than the disadvantage and anticipated side effects that the Defendant suffers, and therefore, there is a special reason that the disclosure of personal information on the Defendant should not be disclosed).

Reasons for sentencing

1. Defendant A

(a) Scope of applicable sentences under law: Imprisonment with prison labor for up to 7 years;

(b) Scope of recommendations based on the sentencing criteria;

1. Basic crime: Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

[Determination of Punishment] General Criteria for Sexual Offense (Rape by Relatives) No. 2

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, 5-8 years

2. The first concurrent crime: Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

[Determination of Type] General Criteria for the Prevention of Sex Offenses Act (subject to 13 years of age or older)

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, 5-8 years

3. Second concurrent crime: Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

[Determination of Punishment] Types 3 (Indecent Act by Indecent Act) of Sex Offenses>

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, 4-7 years

4. Handling multiple offenses: Imprisonment with prison labor for up to 5 years up to 14 months; and

(v) the modified range of recommendations: Imprisonment between seven years and fourteen years (in consideration of the lowest limit of the applicable sentences);

(c) Determination of sentence: Seven years of imprisonment;

The crimes of this case are quasi-rapeive acts by taking advantage of the superior position of the victim who is taking advantage of the victim's superior position to resist himself/herself, and are quasi-rape and one-time rape. The Defendant, who is a person with parental authority, shall protect his/her child and raise his/her child properly, and even if he/she is fully responsible, the Defendant committed anti-humane crimes to address his/her sexual desire, and the responsibility for the crime is considerably heavy in light of the fact that the Defendant committed the crime. The victim appears to have suffered serious sexual humiliation, mental, and physical shock due to each of the crimes of this case, and it seems difficult for the victim to easily recover from the victim's mental suffering and suffering in that he/she has to believe that he/she is the most believeder than the victim's perpetrator.

However, the fact that the defendant has no record of committing a sexual crime or suspended execution is favorable to the defendant. In addition, considering the defendant's age, character and conduct, environment, motive for committing a crime, means and consequence of a crime, the circumstances after committing a crime, etc., the punishment shall be determined as ordered by taking into account various sentencing conditions as shown in the trial process.

2. Defendant B and Defendant C committed each of the crimes in the instant case, each of which was committed by Defendant B and Defendant C, the mother, and Defendant C, in the process of punishing the victim, and committed a bruptly physical abuse.

However, the fact that there is no criminal record exceeding the suspended sentence against Defendant B and Defendant C, and that Defendant C is in conflict with each other is favorable to the above Defendants. In addition, the above Defendants’ age, character and conduct, family environment, motive for committing a crime, means and consequence of a crime, etc., and the various sentencing conditions specified in the trial process, such as the circumstances after committing a crime, shall be determined as ordered by taking into account the following factors.

Registration of Personal Information

Defendant A: Where a conviction becomes final and conclusive on each crime subject to registration of a sex crime, the Defendant constitutes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency under Article 43 of the same Act

The presiding judge shall be changed.

Judges Kim Gin-han

Judges Park Jong-ok