208Gohap220 Violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (child)

Rape in accordance with a sufficient relationship

1. A;

2. B

3. C.

4. D;

Park Ho-young

Attorney E (Defendant A, National Assembly for Defendant C)

Attorney F (private ships for defendant B, D)

November 20, 2008

Defendant A, B, and C shall be punished by imprisonment with prison labor for three years, and Defendant D shall be punished by imprisonment with prison labor for one year and six months. 65 days under confinement prior to the pronouncement of this judgment shall be included in the above sentence against Defendant B.

However, the execution of each of the above punishments shall be suspended for four years for Defendant A, B, and C, and for Defendant D for three years from the date this judgment became final and conclusive.

Criminal facts

Defendant A is a victim’s family-friendly father, Defendant A is a victim’s family-friendly father, Defendant C, and Defendant D is a victim’s family-friendly father, and each victim’s family-friendly father.

1. Defendant A

A. On August 2001, the Defendant committed an indecent act against the victim (the 10 years old at that time) by forcing the victim (the 13 years old at that time), who is the Defendant’s relative, (the 9 years old at that time), to be “Ausber. Eurg,” but forced the victim to talk with the victim’s breast and female, and by force. However, around July 2002, the Defendant committed an indecent act against the victim (the 10 years old at that time) under the above-mentioned method. The Defendant committed an indecent act against the victim (the 10 years old at that time) by forcing the victim to engage in sexual intercourse, by failing to force the victim to engage in sexual intercourse, by failing to force the victim to engage in sexual intercourse.

D. At around 22:00 on the date of the above defendant's house, the defendant exceeded the victim who was diving (at that time 14 years old), did not resist his body, and did not resist his body, and sexual intercourse with the victim once, and raped the victim as a person of kinship with the victim.

2. Defendant B

Around 06:00 on May 15, 2008, the Defendant: (a) 15, 2008, in the Defendant’s house plan living together with the above A, the Defendant: (b) stated that “I will promptly enter the kitchen and not leave the sexual intercourse, if I do not have any sexual intercourse,” and (c) went back to the floor to force the victim to take the hand of the victim; (d) let the victim not resist, and (e) let the victim go off knee and panty, and sexual intercourse with the victim, and rape the victim.

3. Defendant C

The Defendant, around 15:00 on the day before the end of 2005, was sexual intercourses with the victim, who had sexual intercourses with the victim of her feasia (the 13 years old at that time) who was feasia in the place adjacent to the U.S. Gun of Chungcheongnam-do, the Defendant was forced to leave her fe and her panty to knee, and was forced to leave her fe and her panty by disregarding the victim's words "I feasia, I feasia, I feasia, I feasia, I she had sexual intercourse."

4. Defendant D

On November 10, 2004, the Defendant found a pro-car victim (at that time 12 years of age) who was under his command and caused her desire to do so, and committed an indecent act by force against the victim as a person of kinship who was related by blood.

Summary of Evidence

1. Defendant B and C’s legal statement and part of Defendant A’s legal statement

1. Legal statement of witness G;

1. Entry of each prosecutor's protocol of interrogation of Defendants B and C in the prosecutor's office, and entry of some of the interrogation protocol of Defendants A in the prosecutor's office

1. The prosecutor's statement concerning G;

1. Application of Acts and subordinate statutes to family relation certificates and certified copies thereof;

1. Article applicable to criminal facts;

Defendant A: Article 7(1) of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof, Article 297 of the Criminal Act, Article 7(2) of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof, Article 298 of the Criminal Act

Indecent acts by compulsion)

Defendant B and C: Article 7(1) of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof, Article 297 of the Criminal Act (Crimes of Rape in Connection with Relatives) Defendant D: Article 7(2) of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof, Article 298 of the Criminal Act

1. Aggravation for concurrent crimes;

Defendant A: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (as to the crimes of Article 1. D of the Judgment with the largest punishment and punishment)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Code (see, e.g., Supreme Court Decision 55(1)3 of the Criminal Code)

Defendant B: Article 57 Section 1 of the Criminal Act; Suspension of Execution

Judgment on each of the claims of Defendant A and D under Article 62(1) of the Criminal Code (each of the following circumstances is considered as the reason for sentencing)

Defendant A asserts to the effect that even though the victim's chest, etc. was delivered to the victim's her son and female in the sense of her son's her son's son's son, the victim was rape or forced to commit an indecent act, and the victim D did not commit an indecent act by force.

In light of the following facts: (a) the victim made a very specific and consistent statement about the content of the damage in this case since the investigative agency to this court; (b) the victim's statement attitude in this court is very serious; and (c) the victim does not seem to have any particular exaggeration in expressing the fact of the damage; (d) the victim does not appear to have any specific circumstance that is maliciously unrelated to the above Defendants by making a false statement against his or her own child or his or her wife; and (e) the victim does not specify the date and time of each of the damage in this case; (b) although the victim does not clearly specify each of the damage in this case, it is only due to confusion caused by various recommendations that extend over a low intellectual ability and for a long time, it is difficult to reject the credibility of the victim's statement; (c) each of the above statements can be sufficiently recognized as credibility; and (d) the victim's investigative agency and each of the remaining statements in this court are above.

In full view of the above facts, it is sufficient to acknowledge each of the charges of this case against the above defendants, and thus, the above defendants' arguments are not accepted.

The reason for sentencing is that each of the crimes of this case committed by the Defendants, who are in the relationship of the victim's friendship, the white father, or the head of the lodging room, took the victim's age at the mental body as a means to resolve their sexual desire, and rape or indecent act by force, and the content of the crime itself is contrary to human body and has a high possibility of social criticism. In addition, the victim was exposed to the above Defendants' sexual violence crime without any help from others, for a long time, by exposure to the above Defendants' sexual violence crime without any help from others. In fact, even according to the result of consultation with the victims at a specialized institution, it appears that the victim is the victim's second supporting group rather than being able to feel fear and friendly. Considering these circumstances, the sentence of a severe punishment on the Defendants is inevitable.

However, despite their difficult economic situation, the defendants raised the victim on behalf of the parents of the victim who could not raise the victim due to mental retardation, etc., and in light of the victim's mental disorder degree, it seems necessary to provide continuous interest and assistance to the victim in the future. After the crime of this case, some family members commit suicide and the defendant D also attempted suicide, so it seems that the defendants and their family members will have to suffer from difficult mental pain that is difficult to escape in the future regardless of the punishment for each of the crimes of this case. Defendant B and their family members are against their wrongness. Defendant A are in a situation where it is difficult for the victim B to take a convict life due to symptoms of liverness, Defendant A, C and D to take into account the fact that each of the crimes of this case was committed before several years, and there was no particular additional crime until the last day, Defendant A and C did not have any specific criminal history favorable to the other defendants, the remaining criminal records of this case are relatively minor compared to the records of this case.

The deputy judge of the presiding judge

Judges Kim Gin-han

Judges Kim Jin-hee