Defendant

Private Armed Forces

Attorneys Han-tae et al.

A defendant shall be punished by imprisonment for not less than three years and six months.

The Defendant is a taxi driver, who lives in the (name omitted) school dormitory of the Defendant, and the mentally weak person with mental illness was boarding the victim's body at the fourth day of every month from the son of the victim non-indicted 1 (Y, 14 years old), who is a juvenile of the Defendant, to get the victim into the taxi and live in the house where the her mother is living. Upon the victim's request from the above school, the Defendant took the victim into the taxi on the day of the month and brought the victim into the taxi by burning the her house. At around 15:00 on April 23, 200, the Defendant forced the victim to sit out the victim's body near the front dong-gun of the victim's body, who was in the front of the Sincheon-si, Sincheon-do (Sevis omitted), and forced the victim to sit out the victim's clothes in the middle dong-gun's body and forced the victim to sit out the victim's chest, who was out of the victim's body near the middle dong-gun.

1. Statements corresponding thereto made by the defendant in this Court;

1. Statement corresponding thereto made by Non-Indicted 1, 2, 3, 4, 5, and 6 in this Court

1. Statement corresponding to the statement of Nonindicted 1 in preparation of a judicial police assistant;

1. Each statement corresponding thereto among the investigation reports (attached to evaluation reports and counseling records) on the preparation of an assistant judicial police officer;

1. Relevant legal provisions concerning criminal facts;

Article 10(4) and (1) of the Act on the Protection of Juveniles against Sexual Abuse

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act (in addition to the punishment of a fine on one occasion, the fact that there is no particular criminal record, the age, character and conduct, environment, etc. of the defendant shall be considered)

1. The Defendant is asserting the facts charged in the instant case where he only had the victim attend the school once a week with his taxi, and only had raped the victim.

The victim's statement is not consistent in the time, place, frequency, etc. of the crime at each time of the investigation, and there is part of the statement made by the leading questioner.

However, according to the results of the psychological analysis conducted by Nonindicted 3, who is the clinical psychology of the Daegu Medical Center, Nonindicted 3, the victim, who is the mental retardation of the degree of I. Q. 49, is allowed to make a statement to a certain extent and to a certain extent that he is unable to memory until he or she fell into his or her own mental retardation level. The statements by Nonindicted 4 ( Nonindicted 4, who stated that the victim was dead among the third and fourth physically handicapped children), who consulted the victim at the investigation stage, are also the same as the above statements by Nonindicted 4, who consulted the victim at the sexual assault counseling center at the investigation stage. Thus, even though the victim was present at the court of this case and was raped by the Defendant, the credibility of the victim's statement cannot be rejected in light of the above situation of the victim's mental retardation.

However, in light of the victim's attitude and mental condition as above, it is a matter of whether it is reliable to what extent the victim's statement is made. However, even if the victim made a consistent statement in this court where sexual assault was committed, it is clear and consistent that the person who committed rape was a taxi driver who was born to his school, and that the offender was aware of his sexual organ before rape was committed. Furthermore, according to Non-Indicted 4's statement that the victim consulted the victim at the investigation stage, according to the victim's statement at the head of sexual assault counseling center, the victim has the ability to make a clear statement about the fact that the victim fell short of the number and spatial sense, and that the victim was a taxi and a man who appears to be a criminal who was driven by the defendant at the time of the crime of this case and that the victim appeared to be a criminal and a man who appears to be a criminal who had been driven by the defendant at the time of consultation, the victim's statement that the victim was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexual.

On the other hand, the defense counsel argued that the victim non-indicted 1's testimony above was humpted by the victim non-indicted 1's sexual act in the dormitory and hump for 2 hours from the non-indicted 5, who had a sense against the defendant, and that he was forced by the non-indicted 5 to commit rape. However, according to the testimony in this court of the non-indicted 5, the non-indicted 5's testimony at the time took part in counseling with the victim. The reason why the victim had counseling with the victim was that the victim was sexually raped by the defendant in the process of counseling to find whether the victim did not steals the above goods. On the other hand, the non-indicted 5 could not be able to find any material that the victim forced the victim to make the above statements by specifying the defendant as the criminal offender and any motive that the victim forced him to make such statements, and the victim's testimony cannot be accepted by considering the above circumstances of the non-indicted 4 and the victim's testimony in the above process.

2. The defense counsel asserts that the indictment of this case is unlawful, since the charges of this case constitute a crime subject to prosecution, and even under the law on the punishment of sexual assault crimes and the protection of victims, the complaint period is only one year, and the victim has filed a complaint at the time much more than one year has passed since the crime of this case was committed.

The facts charged in this case are crimes falling under Article 10 (4) of the Act on the Protection, etc. of Juveniles against Sexual Abuse, and the period of filing a complaint is one year pursuant to Article 230 of the Criminal Procedure Act, Article 19 of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims. However, the proviso of Article 230 (1) of the Criminal Procedure Act provides that the period shall be calculated from the date on which the cause ceases to exist if the ability to file a complaint arises only after the cause ceases to exist. Thus, the period of filing a complaint shall be calculated from the time the ability to file a complaint arises. According to the records, the victim is the age remaining 14 years and 4 months after he committed the crime in this case, but the intelligence index is over 10 years and its developmental level and social adaptation cannot be known only at the level of 10 years and 10 months (based on December 29, 2005). Thus, the defense counsel's capacity to file a complaint in this case cannot be accepted.

The next (Presiding Judge) determined by the judge shall be the Gu resident's deceased