(영문) 대전지방법원 2016.1.21.선고 2015고합268 판결

The defendant shall order the completion of the sexual assault treatment program for 40 hours. The request for the attachment order of this case shall be dismissed.

Reasons

Criminal History Office

From January 1, 1995 to April 2008, the defendant and the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") have continuously consulted about the victim F (the woman, 30 years of age) and the psychological status of the above church, etc. from April 2008 to April 2008, and from April 2008 to December 200.

From the end of 2013, the Defendant knew from the end of 2013 that the victim complained of the suffering due to the severe damage of the duress, the only method to treat the victim's symptoms is to give physical and mental pain by sexual intercourse with the Defendant, thereby allowing the victim to be aware of the sexual behavior of the Defendant as the treatment of the perjury.

Accordingly, from around 20:0 to 22:00 on the middle of March 2014, the Defendant: (a) stated the victim’s residence of the Seo-gu Daejeon G apartment 403 dong G apartment 1103 dong 1103 dong-gu, Daejeon as the phone to put the victim into his body, and (b) visited the house of the house and carried the body into the toilet and kept the body of the victim, and (c) carried the body of the body of the body of the body of the victim, and (d) carried the victim’s body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the victim of the victim of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the victim of the body of the body of the body of the body of the victim of sexual intercourse or indecent act by inserting the sexual organ of the body of the body.

In addition, from around that time to August 1, 2014, the Defendant committed sexual intercourse or indecent act 13 times in total with respect to the victim under his protection or supervision, such as the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and H;

1. Recording records;

Application of Statutes

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

Article 303(1) of the Criminal Act (the fact that a ward is in liver, choice of imprisonment with prison labor), Article 10(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point that a ward commits indecent acts

1. Aggravation of concurrent crimes;

Articles 37 (former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment provided for in the crime of adultery between wards on August 1, 2014, which is the largest punishment and punishment)

1. Order to complete programs;

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;

In full view of the fact that Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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 defendant is the first offender; the degree and expected side effects of the defendant's entry due to an order to disclose or notify information; the sentence to the defendant and personal information registration can be expected to some extent to prevent recidivism; the defendant's personal information can be disclosed or notified to the public) and the defendant's defense counsel's assertion

1. Summary of the assertion

A. Although there is a sexual intercourse with the victim as shown in the attached list No. 6, the victim was sexual intercourses as shown in the attached list No. 1, 2, 8, and 13 of the annexed list of crimes, the victim was not sexual intercourses, and there was no sexual behavior with the victim as to the attached list No. 3, 4, 5, and 7.

B. At the time of the instant case, the Defendant only worked as the position of the J, which is a book store operated by I at the time of the instant case, and did not work as a pastor of the E church and did not have the status to protect the victim. Around February 2014, the Defendant refused a request for counseling from the victim and received counseling from other pastors, but did not cause the victim to have sexual intercourse with the victim harshly, but did not cause the victim to believe that the sexual act was a treatment of the coercion, and thus does not constitute fraudulent means.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by this court, the victim’s statement that conforms to the annexed list of crimes can be sufficiently recognized as credibility and this part of the facts charged. Accordingly, this part of the allegation by the Defendant and the defense counsel is not acceptable.

1) The victim has made a very detailed statement at the investigative agency as follows with regard to the process of inserting the sexual organ by the defendant at the time of the crime of each crime in the annexed list of crimes. This is because the victim is either a person who directly experienced or was unable to know, or a majority of the contents that are difficult to read are included, and there are no circumstances that make it possible to open false facts. In addition, the victim is able to recognize the overall credibility of the statement because the victim makes a statement by distinguishing the defendant from the case of inserting the sexual organ into the victim's sexual organ and the case of inserting the victim's resistance only.

가) 별지 범죄일람표 연번 1에 관하여, 피해자는 수사기관에서 '피고인이 옷을 다 벗고 화장실로 들어간 후 자신을 불러 화장실로 들어갔다. 피고인이 욕조에 걸터앉아 성기에 샤워기를 든 채로 "슬리퍼 신고 이리로 와서 이거 씻어봐, 네 몸 속에 넣을 테니 깨끗이 씻어"라고 말하여 세안젤로 피고인의 성기를 씻어주고 나왔다. 피고인이 따라 나와 자신의 뺨을 4-5회 정도 때려 너무 아파 울음을 터뜨리자 피고인이 소파에 앉아 "성기를 빨라"고 말하여 피고인의 성기를 빨았다. 그러자 피고인이 자신을 바닥에 눕히고 "이건 다 네가 여기까지 몰고 온 거야, 다 네 책임이야"라는 말을 하길래 '오늘은 내가 정말 이 훈련을 해야 되는 거구나'라는 생각을 하였고 안방 서랍에 있는 콘돔 이 떠올라 콘돔을 가져와 "목사님 그럼 이거 써주시면 안돼요?"라고 말을 하면서 콘돔을 건넸다. 그 후 피고인이 실제 성기를 삽입하였고, 중간 중간 성기를 빼며 여러 지시들을 했으며, 자신이 "목사님 못 하겠어요."라고 말하였더니 피고인이 소파에 앉아 "너 여기까지 왔는데 뒤로 물러설 작정이야"라고 말하여 소파로 가 피고인의 위에 올라가 성관계를 이어갔다'고 진술하였다(수사기록 1권 21, 22쪽).

B) Regarding the attached list No. 2, the victim stated in the investigative agency that "the victim will put the defendant into the body of his house" while putting the defendant into the body of his house "I am d. D. D. D. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.S. S. S. S.S. S.S. S. S. S.S. S.S. S.S. S.S. S.S. S.S. S.S. S.S. S.S. S.

C) Regarding the attached list Nos. 3, the victim, who was waiting for the defendant at the "J underground office" in the investigative agency, heard the phrase "I want to read the book and talk with him, or train him. I want to read the book and talk until it takes place for him. I want to read it as soon as possible. The defendant voluntarily Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha', added the sexual flag after the end, added it in the latter, and made a statement that "at the time of the situation, I am a fixed amount" (the right 136 pages of investigation record), and "I am a fixed amount" (the right 136 pages of investigation record).

D) Regarding the attached list No. 4, the victim heard the words "the defendant enters the office" from the "the investigative agency," and the defendant was seated. The defendant exceeded his her inner organ and prompted the defendant's sexual organ, and the relation was inserted by inserting his sexual organ into the defendant's inner organ in a manner that she goes on the defendant's inner organ. The defendant made a statement that "the defendant saw her inner organ because she has no force by sticking her inner organ towards her inner organ, and she saw him to her to drink a semen after her circumstances," and "the victim saw 136 pages." On the attached list No. 5 of the crime list (the investigation record No. 136 pages. 5), the victim heard "the defendant 1's sexual organ soon from the defendant at the investigative agency," and "the defendant 1's sexual organ was inserted into the defendant's inner organ as soon as possible, and she made a statement that "the defendant she saw the defendant's sexual organ."

F) As to the attached crime sight table No. 7, the victim stated in the investigative agency that he knee knee and knee knee in the J underground office as soon as the Defendant was kned, and that he knee knee knee knee knee knee knee knee knee knee knee and knee knee knee knee knee knee knee knee

사) 별지 범죄일람표 연번 8에 관하여, 피해자는 수사기관에서 '평소 모텔에서 관계를 가질 때엔 불을 다 끄고 관계를 가졌는데, 이 날은 불을 켠 채로 관계를 가지던 도중에 갑자기 피고인으로부터 이불을 뒤집어쓰라"는 말을 듣고 이불을 상의 부분에서 머리까지 뒤집어쓰자 피고인이 관계하는 것을 휴대폰 카메라로 동영상을 촬영하는 소리가 들렸다'고 진술하였다(수사기록 1권 42, 43쪽).

아) 별지 범죄일람표 연번 9에 관하여, 피해자는 수사기관에서 '피고인으로부터 "항문을 핥으라"는 말을 듣고 이를 거부하자 피고인이 "이 또한 치료를 위해선 해야된 다"고 강요하여 울면서 피고인의 항문을 핥았다. 그 후 피고인이 성기를 삽입하고 정액을 받아먹게 하였다'고 진술하였다(수사기록 1권 28쪽).자) 별지 범죄일람표 연번 10에 관하여, 피해자는 수사기관에서 '피고인으로부터 "빨리 나으려면 관계를 통한 훈련을 해야 한다"는 말을 듣고 피고인의 성기를 빨았다. 그 후 피고인이 성기를 삽입하고 정액을 받아먹게 하였다'고 진술하였다(수사기록 1권 28, 29쪽).

(j) As to the attached list 11, the victim heard the horses from the defendant at the investigative agency that "it is not good. It is for the treatment of the width." After that, with regard to the attached list No. 12, the victim stated that "the defendant inserted his sexual organ and received a fixed amount of money (No. 1st 29 pages)", the victim stated that "I would like to give prompt treatment and treatment" from the defendant, and that "I would like to have "I would like to do so" and "I would like to do so," and "I would like to do so, I would like to get another person to do so without hearing the horses," and "I would like to put the victim's right to do so," and "I would like to have no other person to do so," and "I would like to put the victim to 100,000 won," and "I would like to put the victim's right to do so at the investigative agency," and "I would like to do so."

2) 피해자는 수사기관에서 별지 범죄일람표 기재 범행 이외에도 '2014. 3. 초순경 피고인이 자신의 집으로 와 강박증 치료에 대한 이야기를 하다가 갑자기 불을 끄라고하여 불을 끄자 바지를 내리고 소파에 앉아 성기를 빨아보라고 윽박질렀다. 자신이 울면서 피고인의 성기를 핥자 피고인이 "팬티까지 다 벗고 뒤로 돌라"고 말하였고, 이에 자신이 울면서 "도저히 못하겠다. 다른 방법이 없냐"고 말하자 피고인은 "네가 이런 식으로 나오면 난 더 해 줄게 없다"고 말하였으며, 자신이 "절 구해줄 수 있는 분은 목사님 밖에 없고, 약을 먹어도 효과가 없어요"라고 말하자 피고인이 다시 자신으로 하여 금 성기를 빨도록 한 후 뒤를 돌아 자신의 성기를 손바닥으로 10대 정도 때렸다거나(수사기록 1권 19, 20쪽), '피고인이 2014. 4. 27. 오후 2-3시경 자신의 집 앞에 차를 끌고 와 자신을 불러내어 피고인이 운전하는 차를 타고 드라이브를 하였다. 피고인이 어딘지 모르는 장소에 차를 세우고 성기를 빨라고 하여 입으로 피고인의 성기를 빨고 있는데 피고인이 "나는 시간이 그렇게 많은 사람이 아니다. J 공사현장에 가봐야겠다"고 하면서 자신을 집 앞에 데려다 주고 갔다'거나(수사기록 1권 137쪽), '2014. 6. 초순 오전 11시-12시경 피고인이 의자에 앉아 있는 상태에서 자신이 피고인의 성기를 빠는 도중에 직원이 지하 사무실 문을 열고 들어와 피고인이 그와 동시에 바지를 입었고, 그 날은 그렇게 끝났다'(수사기록 1권 42쪽)고 진술하였는바, 피해자는 피고인이 성기삽입을 한 경우뿐만 아니라 구강성교만을 한 경우도 구분하여 진술하고 있어 피해자가 사건을 굳이 과장하여 피고인을 허위로 무고한 것으로 보이지는 않는다.

3) On September 3, 2014, the victim sought H, a professor of K University Counseling Graduate School, to treat a certificate of coercion, and began to receive counseling. On September 17, 2014, the victim, at the time of receiving the second counseling, told H that “at the time of receiving the second counseling, sexual intercourse with the Defendant was done to treat a certificate of attending school,” and reported the instant case to the police. The victim reported the instant case to the police after a series of repeated counseling. There is no special doubt about the circumstances in which the victim reported the instant case to the investigative agency.

4) On the other hand, with regard to whether the Defendant committed the acts indicated in the separate list of crimes, the police called that he puts his sexual organ into the victim on May 2014, the Defendant stated that he only her sexual organ into the victim’s fingers. On July 2014, 201, the Defendant made an oral intercourse with the victim on the ground that her sexual organ was not inserted into the victim’s sexual organ. On the other hand, the Defendant stated that her sexual organ was not recorded in the victim’s sexual intercourse with the victim on July 1, 2014 (14-119 pages of investigation record), her prosecutor’s office made a statement on March 2014, 196, 200, 1000 police officers, 200, 2000, 1000,0000,0000,0000,000,0000,000,000,000).

5) The Defendant made a telephone conversation with the victim with the following contents, and according to the content of the conversation, the Defendant appeared to have expressed that the Defendant had sexual intercourse with the victim even before the police officer around May 2014, which was recognized as having sexual intercourse with the victim.

가) 피고인은 2014. 4. 14. 피해자와 전화통화를 하면서 "너는 도대체 내가 한 1단계도 나한데 효력이 없으면 어떻게 해야 되냐"라고 말하였고(수사기록 2권 406쪽), "OO아 니 1단계가 뭐야?"라고 묻고 피해자가 "관계"라고 대답하자 "그래. 그냥 기초적인 건 니 먹는 거야. 맞아. 그렇지만.. 니가 뭘 하고 안하고의 문제가 아니야. 니가 뭐 이렇게 생각하고 안하고의 문제가 아니야. 나는 니 생각대로 할 수가 없다니까.니 니가 니 생각대로 스스로 조절할 수 있으면 내가 왜 그렇게 극약처방을 했겠냐고. 극약처방을 한 이유가 있을 거 아니야, OO아, 어?"라고 말하였다(수사기록 2권 420쪽).

B) On the same day, the Defendant asked the victim with telephone conversations with the victim, “I am,” and asked the victim “I am, I am?” and read, “I am, I am, if I am am am swe am,” and then I am am swe swe am if I am am swe am swe swe am swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe s we swe s

다) 피고인은 2014. 4. 18. 피해자와 전화통화를 하면서 피해자가 "목사님, 내일 갈게요. 저 좀 고쳐주세요. 예?"라고 말하자 "그러면 먼저 니가 건강해져라, ○○아. 목사님이 그렇게 해도 버틸 만큼 건강해지라고, 땀 흠뻑 흘릴 만큼 건강해져야 돼. 너는 조금만 하면 지쳐. 그렇지? 그래, 안 그래?"라고 대답하였고, 피해자가 다시 "저 좀 살려주세요. 고쳐주세요."라고 말하자 "목사님이 그렇게 꽂고 돌려도 너 계속 잘할 수 있어? 어?"라고 대답하였으며, 피해자가 "해도 제가 안 고쳐지면 어떻게 해요, 저는?"이라고 말하자 "안 고쳐질 리도 없지만 니 몸에 그 것 받아들이기 시작하면 너 자체가 없어진 다니까. 1단계만 가지고 니가 모든 것 해결할 수는 없지만"이라고 대답하였다(수사기록 2권 451, 452쪽).

B. Whether the defendant was in the status of the person who protects the victim

It is reasonable to view that the scope of “a person under his/her protection or supervision due to any other relationship” includes “a person under our general social norms or circumstances, and the spirit of law to protect a person under such circumstances from unfairly infringing on his/her sexual freedom (see, e.g., Supreme Court Decision 74Do1519, Feb. 10, 1976).

However, according to the following facts and circumstances acknowledged by the evidence duly adopted and examined by this court, the relationship between the victim and the defendant at the time of the crime of this case is deemed to have reached the relationship with the belief that the treatment of the defendant beyond the mere faith of the church and the previous pastors of the church is to cure all the mental suffering suffered by the victim. If such relationship is the relationship, the victim can be deemed to be a person in a situation where the defendant is actually protected or supervised by the defendant. Accordingly, this part of the argument by the defendant and the defense counsel is rejected.

1) The victim voluntarily set off from high school due to the depression, etc., which led to the symptoms of mental apprehensions. From March 200 to June 2008, the victim was given medical treatment several times in a mental department due to symptoms, such as apprehensions and depression, etc., and there was a coercion, such as “Isn't think that I would like to see themselves from around 2004.”

2) The victim, upon the recommendation of his mother from around 2003 to around 2008, went to the Egyptian conference where the defendant had worked as Jeondog or pastor. The defendant served from around January 1, 2005 to April 2008 as the full-time physician of the above church (the above church from around 2004 to around 2006 worked as the full-time physician of the above church), from around April 2008 to December 2008, the above church was serving as the pastor of the above church, and the victim was serving as a member of the Juvenile Council who directed the defendant, and the victim was also a member of the Juvenile Council who supervised the victim and his husband who got married around 208.

3) During the period of attending the above church, the victim attended five times a week, including the worship that the defendant attends as a pastor, and received counseling from the defendant on personal issues, such as mental apprehensions, such as university problems, and marriage problems. The husband of the victim was attending the above church, while playing in the court where the defendant works together with the victim, and became close to the defendant.

4) Around 2008, the Defendant retired from the EIS and concentrateed on the J president’s duties, but the victim continued to contact with the Defendant from around 2008 to around 2013, and gave advice on the conflict with the SIS, etc., and at the time of life-saving, the Defendant saw the Defendant as gift and tried to turn the end of the audit.

5) Around 2013, there was a proof of coercion that a fetus may either be cut off or her baby due to a drug taken before pregnancy after pregnancy. Around February 2014, the victim issued a more severe coercion on the part of the victim, such as “her husband before her husband was born.” The victim called bullying by telephone to the Defendant. At that time, the victim sent a call to the Defendant that she could bullying with the Defendant. At that time, the victim was given with frequent contact with the Defendant, and the Defendant “mental and medical doctor cannot see it, but it was known that there was a large number of people inside,” and considering that the Defendant could have been forced if she had so, she would be free from coercion.

6) The Defendant, at the time of the above time, told the victim that “it is necessary to conduct a test and report the cryp of a width, and to conduct a training to cryp his will.”

“Toe, I had you answer to, or see that you were seated.” After that, I had her mbucks, bucks, sexual flag, or act to put his fingers into the sexual flag according to the instructions, and had the victim make the victim speak that “I want to have the son as soon as possible,” and the victim was subject to the direction and supervision of the defendant regarding the treatment of the perjury from around that time.

7) Even during the duration of the instant crime, the Defendant continued to have telephone conversations with the victim as follows, making the victim fully trusted the Defendant in relation to the treatment of the certificate of coercion by making the victim aware that he/she had a professional knowledge about the certificate of coercion and provided treatment to others, that he/she could protect the victim’s protection and protect the victim’s secrets, or that he/she would provide treatment without any specific treatment from the victim.

가) 피고인은 2014. 6. 7. 피해자와 전화통화를 하면서 피해자에게 '나는 분명코 말해줬어. 내가 내 옆에 있는 그런, 어? 조울증 환자든지, 우울증 환자든지, 강박증 환자든지 그런 사람들 몇 명이 이러이러한 방법 해서 그냥 내가 말하는 대로 1, 2년 지나면 바로 없어지더라. 이렇게 말을 해줬잖아? 며칠 전에도, 어? 내가, 처남이 와가지.고 그 이야기를 하더라. 자기 매형 좋아졌다고, 응? 처음에는 엄청나게 힘들어 했다고. 목사로서 갈 길도 힘들어하고, 근데 지금은 아주 건강해. 아주 건강하고 아주 잘하셔. 내가 그렇게 그분한테 직접 그거 처남한테 들었고, 그 처남이 그렇게 많이 변했다고 이야기 하더라. 그런데 그 사람이 지금 5년째 나랑 교제하는 거야. 올해가 6년째고, 내가 없는 말을 하겠냐"라고 말하였다(수사기록 2권 472쪽).

나) 피고인은 2014. 6. 27. 피해자와 전화통화를 하면서 피해자가 울면서 고통을 호소하자 피해자에게 "야, 쓸 떼 없는 소리하지 마. 야, 강박사고가 안 나아질 정도로 미친 인간이, 강박증에 사로잡힌 인간이, 인마. 정상적인 사람이 하는 말을 듣지도 않고, 인마. 니 마음대로 강박증을 가지고 나를 의심하고, 새끼야. 나한테 계속 헛소리를 하는 게 그게 제대로 니가 낫고 싶은 생각이 있는 거야? (중략) 니 몸이 아프다고 할 때 아픈 거야! 니 정신이 아픈 게 아니고, 병신아. 니는 고장이 난 거라니까, 이 새끼 야. 고장이 나면 고치는 거잖아", "아프긴 뭐가 아파, 이 새끼야. 정신이 뭐가 아파, 인 마. 진짜 정신이 아픈 거는 니가 진짜 자격지심이고 자존감이 떨어지고 이런 걸 아프다고 할 수 있는 거야. 니 스스로가 마음이 아파가지고 도저히 상처 받았어, 이럴 때는 마음이 아프다고 할 수 있어. 그렇지만 니는 지금 강박증이니 사고가 계속 맴도는 거고, 인마. 어디에 사고에서 벗어나지 못하면 사고의 고장이잖아, 이 병신아! 그런데 그게 뭐가 아프다는 거야. (중략) 강박증이 뭐 격려로 나아지냐, 인마? 어? 강박증이 니가 생각하는 것처럼 어? 좋은 말 하거나, 뭐 약 처먹으면 나아지냐, 이 새끼야! 그게 강인한 정신이 필요하다니까, 이 병신아. 그 정신만 있으면, 인마! 니 강박증이고 지랄이고 뭐고 없다니까, 이 병신 같은 인간아. 절대적인 믿음이 없으니까 니가 생기는 거라고 내가 몇 번을 이야기를 해야 돼. 의사들이 그걸 알면, 이 새끼야. 내가 고치는 그 환자들한테 왜 못 고쳤겠냐, 병신아. 어? 못 고치니까 내가 가서 고쳐준 거잖아, 이 새끼야. 아무리 두려우면 뭐하고, 아무리 힘들면 뭐하고, 아무리... 시켜놔서 미치고 환장하면 뭐하겠어! 내가 말하는 대로, 이 새끼야, 내 말을 믿고 따라가면 다른 사람이 다 건강해졌다고 하잖아. 내 강박증은 특별한데요. 야, 이 개새끼야. 특별한 게 어디 있어, 인 마. 똑같은 문제지, 이 새끼야. 어? 니만 특별하고 니만 특별하고 이 새끼야, 니만 어디 중증이야, 이 병신아!"라는 등의 말을 하였다(수사기록 2권 482-484쪽).

C) On the same day, the Defendant, while making a telephone conversation with the victim on the same day, thought that the victim “in gold vain” is the same as the victim’s “in gold vain. I wish to do so, regardless of whatever we want, and, at the same time, consult with the victim at the time you want to do so, they are more experts when I am am fat, and I am am am fat as you think you think, and directly receive money from the victim when I am am. I am am to do so. I am am we will not am fat. I am am to do so and am that we will do so, even if we continue to do so, we want to do so, it means how we would like to pay the victim “I do not have value per piece,” and “I would like to ask for any further consideration.”

(h) The reliance in this series of hours is one of the reliance on one’s piece of 10 foots. Moreover, the reliance is no longer a concept of reliance. H. H. H. M. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H.

D) On July 19, 2014, the defendant, while making a telephone conversation with the victim on the victim on July 19, 2014, it means that "I't know about the victim's "I't I't have to do so, but I't know about how I will think about and think about I't have to do so. I't want to see that I't think I't know about I't have to do so. I't we can say I't see why I't we can do so. I't see I't am. I't am. I't am. I't am. I't am. I am? I't am? I't see how I't think I't am unable to do so, and we should see 6 I't think I't have to do so. I't have to do so. I can't think I can't see that I cannot do it we can do so. I can do we do it. I can see. I can we cannot do we we we do we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we we do....................

마) 피고인은 2014. 7. 28. 피해자와 통화를 하면서 피해자가 고통을 호소하자 "살고 싶으면 따라오고 죽고 싶으면 니 맘대로 해. 그게 내가 니한테 해줄 수 있는 유일한 조언이야. 의사도 못 고친다는 걸 내가 고쳐준다는데, 뭐, 더 이상 뭐라고 말해주 냐? 그리고 내가 고쳐준 사람이 여러 명 있는데 뭘 그렇게 내가 니한테 사정을 해야 되는데. 니가 돈을 내는 거야, 무슨... 목숨 구해줄 때 니가 최소한 돈을 내야 될 거 아니야. 갖다 바치든지 라도 해야 되는데 너는 뻔뻔스럽게 그냥 오잖아. 난 내한테 이렇게 이렇게 낫고 난 뒤에 나한테 감사하다고 갖고 온 사람 못 봤어. 그런데 나는 섭섭 하지 않아, 니한테도 내가 그걸 원한 것도 아니고, 좀 정신 차려라 OO아, 정신 차려라, 정신 차려. '힘 빠집니다, 아닙니다' 이런 말 하지 마. 니는 아직까지 안 죽을, 그러니까 안 죽을 것 정도니까 이 정도 하는 거야. 죽을 것 같으면 목욕탕에서 튀어나오는 사람들하고 똑같은 행동 한다. 살겠다는 방법은 다 써. 앞 뒤 가릴 게 없어. 죽을 인간만 옷 입고 화장한대, 거기서. 니가 아직까지 여유가 많아 거다"라는 등의 말을 하였다. (수사기록 2권 664, 665쪽).

8) He consulted the victim to treat the symptoms of the victim's coercion in this court after hearing the talk about the case from the victim. He intentionally asked the defendant to find his father and her father and son intentionally, and asked the defendant to receive counseling because her father and son were sexually sexually sexually sexually ill, but the defendant first asked her to refuse to provide counseling, and the defendant provided treatment of several people's coercions, and neglected to receive counseling training." The defendant tried to provide other persons than the victim with expert training on the coercion treatment.

9) With respect to the reasons why the victim did not go to the mother or her husband in relation to the treatment of the fluence, in the investigative agency and this court, it was impossible for her mother to rely on the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluent of the fluent of the f.

In the crime of adultery between wards and violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act on the Punishment, etc. of Sexual Crimes) "a deceptive scheme" means that an offender misleads the other party for the purpose of sexual intercourse or indecent act and achieves the purpose of sexual intercourse or indecent act by taking advantage of such in-depth state of the other party that causes sexual intercourse or indecent act. Here, misunderstanding, dismissal, sites refer to mistake, perception, and site as to sexual intercourse or indecent act itself, and misunderstanding of other conditions that are not recognized as indivisible and irrelevant to sexual intercourse or indecent act does not refer to land (see, e.g., Supreme Court Decision 2002Do2029, Jul. 12, 2002).

According to the following circumstances acknowledged by the evidence duly adopted and examined by this court, it can be sufficiently recognized that the defendant committed sexual intercourse or indecent act with the victim as an act necessary to treat the victim’s sexual intercourse or indecent act by coercion, and that the victim was aware of such an act by taking advantage of the victim’s mental state. Accordingly, this part of the assertion by the defendant and the defense counsel cannot be accepted.

1) On March 2014, the Defendant started to engage in sexual intercourse with the victim, stating that “The test to test the sex relationship with the victim” was “a test to test the sex relationship with the victim,” after having the victim engage in the conduct as directed by the victim, as seen above B. 6.

2) 피고인은 위 가. 5)와 같이 자신과의 성적인 행동들이 강박증에 대한 치료행위라고 적극적으로 피해자를 세뇌시켰다. 또한 피해자가 피고인과의 성적인 행동을 힘들어 하거나 피고인이 하는 치료에 의문을 가지면 다음과 같이 피해자가 더 적극적으로 성관계를 하지 않아서라거나 다른 방법으로는 강박증이 낫지 않을 것이라는 등의 말을 하면서 윽박지르거나 위협하는 방법으로 피해자를 설득하였다.

A) On July 28, 2014, the Defendant made a statement to the effect that it is difficult for the victim to drink the fixed amount of the Defendant at the time of making a defective statement to the effect that it is difficult for the victim to drink the fixed amount of the Defendant, i.e., “at the time of making it fright? I have endeavored to lov fright?” The Defendant made a more active sexual act by the victim and made it possible for the victim to make a free speech (No. 690, 691 pages) on the same day (No. 2 of the investigation record, No. 690, 691). The Defendant made a talk with the victim on the same day, and made the statement to the effect that the victim would not grow out of the Defendant, i.e., it is not important for the victim to do so. However, we need to see that the Defendant would have no choice but to see that it would be more automatic than any one, and that it would not be absolute.”

C) Following the Defendant’s talk that the victim would have been able to respond to the demand of the Defendant? It is more active? It should be 00 :00 ; 1, 2, and 3 times within the bar, and 100 ; 100 ; 3,000 ; 6,000 ; 3,000 ; 6,000 ; 6,000 ; 6,000 ; 6,000 ; 6,000 ; 6,000 ; 6,000 ; 6,000 ; 6,000 ; 6,000 ; 6,000 ; 6,000 ; 6,000 ; and 3,000 ; 6,000 ; 6,000 ; 6,000 ; 6,000 ; and 3,000 ; 6,00.

4) Considering the status of the victim at the time of the instant case, the only method to treat the victim’s coercion by the Defendant is to conduct sexual behavior with the Defendant, and thus, it seems that the Defendant was highly trusted in the treatment method and treatment ability.

A) In the investigative agency and this court, H consulted the victim to treat the symptoms of the victim’s coercion, “the victim had a coercion accident that caused the victim to think of the same mind in order to continuously live a normal life due to any thoughts among the symptoms caused by duress, and to solve the extreme apprehensions. The victim was continuously exposed to the fear and loss caused by the distorted religious problems of the mother at the time of the victim, and the victim began to have been able to show the symptoms of coercion, such as uneasiness and depression. Around 2013, after the victim was pregnant and given birth, this led to a situation in which the victim could not escape from the victim’s own mind because her symptoms were aggravated. The victim continued to have sexual intercourse with the victim in order to treat the symptoms of the victim, and the victim had no choice but to reach the victim’s statement of “the victim’s mind that she would have been deprived of her ability to leave the symptoms.”

B) As a result of the deliberation and evaluation of the victim, it seems that the Daejeon Sea Center had a serious inconvenience due to 'gambling disorder'. The Daejeon Sea Center appears to have shown chronic stress, anxiety and depression, resistance and influence on the environment, dependence on, and net attitude, low self-esteem, etc. It appears that it was difficult to judge that the victim’s mother did not resist or cause inconvenience to the authorized person by inserting an erroneous religious belief that the victim’s mother did not have received appropriate care from the time when the victim was in a state of emotionally and emotionally, and that it was difficult to judge whether it was proper and proper. Accordingly, one of the religious ideas must be followed. When the defendant was extended, it is considered that it was difficult to present the victim’s opinion that it was difficult to reveal his sense or to disclose the resistance of the resistance of the victim (hereinafter “the investigative record”).

C) According to the result of the appraisal of the Korean Medical Association, the Korean Medical Association presented the opinion that "the victim was affected by the severe religious network repeatedly injected by the mother from the time of her natives, and that "the victim was affected by the forced accident," and that the unrealistic expectation perception that the victim wants to receive relief from the authoritative objects, such as church pastor, under dependent, net and low self-esteem, unstable and influence, does not distinguish the sexual intercourse and treatment activities. The victim is not aware that he was the subject of sexual exploitation because he was brainful by the defendant, and the victim was not aware of the fact that he was the object of sexual exploitation by another authoritative counseling clinic."

5) The act of sexual intercourse, oral intercourse, etc. is difficult to view it as a method of treating the victim’s coercion even if it is conceptually considered, and the victim’s repeated act of sexual intercourse, oral intercourse, etc. over a long time depending on the Defendant’s horses seems to have been due to the Defendant’s full trust and reliance of the Defendant to escape from the perjury at the time of the instant case.

6) The Defendant, at the time of the instant case, committed an act of sexual intercourse or indecent act with the victim, even though he sufficiently perceived the victim’s status lacking normal and reasonable judgment as seen above.

7) On February 2014, the Defendant alleged that the victim was sexually maltreated of the Defendant even though the victim refused a request for counseling from the victim and introduced other pastors, and that the victim had sexual contact with the Defendant, by himself/herself, caused sexual intercourses with the sexual act and treatment in order to dilution of his/her conscience. However, according to the dialogue between the Defendant and the victim as seen earlier, the victim was deemed to have committed sexual behavior with the Defendant while considering that the victim was a treatment act by coercion, and did not seem to have committed sexual behavior with the Defendant.

8) The Defendant asserted that, from time to time, the victim took a behavior, such as talking with the Defendant when the Defendant refuses to give counseling, and that he actively requested consultation with the Defendant, such as leaving the Defendant inside the car when the Defendant gains the victim’s house, and allowing the Defendant to talk with the Defendant, etc. However, even if the victim took such action, it would be considered as the only means to treat the Defendant’s sexual coercion from the Defendant, because the victim’s act was generally difficult to easily understand.

9) According to the e-mail exchanged with the victim (including evidence 1 to evidence 3, and e-mail number), the victim asserts that the victim is not brainly ill to the defendant at the time of the instant case by presenting questions about the accident history or judgment method extremely normal and proper. However, as seen in the above 2, if the victim presents questions about the treatment method of the defendant as seen in the above 2, he knows that the victim would no longer have sexual intercourse with the victim, or that the coercion will not be improved by other means, and the victim continued to have sexual intercourse with the defendant. ② At the time of the first consultation with the victim, H knew that the victim was a person who helps him under the name of training of the defendant, and it is difficult to see that the victim's act was also helpful to the victim's personal information, and immediately after the statement, the victim still appears to have presented the victim's e-mail with the defendant that the victim would not have been brainly trusted to the defendant.

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant 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

2) The crime of this case is a case in which the defendant has sexual intercourse with or commits an indecent act against the victim repeatedly over a considerable period of time by taking advantage of the treatment method of the duress. In light of the method, circumstance, frequency, etc. of the crime, the nature of the crime is heavy, and the victim seems to have suffered considerable sexual humiliation and mental suffering, it is necessary to punish the defendant strictly.

However, considering the favorable circumstances in which the defendant has no criminal record, the punishment shall be determined by comprehensively taking into account the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and other various sentencing conditions, such as the circumstances after the crime.

Part of the Request for Attachment Order

1. Summary of the request for attachment order;

As above, the Defendant has committed a sexual crime more than twice, and is likely to recommit a sexual crime even after being released from prison in line with the background, method, tendency, etc. leading to the crime.

2. Determination

The risk of recommitting a sexual crime as prescribed by Article 5(1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders means that there is a lack of possibility of recommitting a sex crime. The risk of recidivism of a sexual crime means that there is a considerable probability that the person who requested the attachment order may injure the legal peace and peace by committing a sexual crime again in the future. The existence of the risk of recidivism of a sexual crime shall be objectively determined by comprehensively assessing various circumstances, such as the occupation and environment of the person who requested the attachment order, the conduct before and after the crime, the motive, means, circumstances after the crime, the situation after the crime, and the situation after the crime, etc., and such determination shall be based on the time of judgment in the future (see, e.g., Supreme Court Decision 2010Do7410, Jul. 410,

Comprehensively taking account of the following factors: (a) the health care unit for the instant case; (b) the Defendant did not have the same criminal record; (c) the first offender who has no criminal record; (d) the assessment of the risk of sexual offenders against the Defendant; and (e) the assessment of the risk of recidivism conducted by the Defendant at the level of 9 points; and (e) the risk of recidivism falls under a relatively low point in the intermediate (7-12 points); (c) the assessment of the selection of a mentally ill person (PCL-R); (d) the assessment of the mental disorder of the Defendant at the level of 7 points in intermediate (7-24 points); (c) the support base for his family members was solid; and (d) the distorted sexual impulse of the Defendant through the instant crime appears to have been mitigated or likely to be alleviated by issuing an order to disclose or notify the personal information.

Therefore, the request for the attachment order of the location tracking device of this case is dismissed in accordance with Article 9(4)1 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders for reasons.