2016 Highis642, 2016 Highis1223(combined)

Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Compulsion)

Violation of the Act on the Protection of Juveniles against Sexual Abuse (Indecent Act such as Fraudulent Means) and indecent act

Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Occupational Authority, etc.)

by Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Confidentiality, etc.);

Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act against Occupational Authority, etc.)

2016. Before maturity13 (Joint Attachment Orders)

Claimant

A

A decoration (prosecution), writing decoration, and scopic scopic scopic scopic trials)

Law Firm B, Attorney C, D

January 6, 2017

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

The public information of the accused shall be disclosed through an information and communications network for five years, and the notified information shall be notified during the above period (Provided, That the target crime shall be limited to the indecent act committed by fraudulent means, etc. and each violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (limited to the indecent act committed in the course of duty, etc.). It shall be ordered to attach an electronic tracking device for six years to the respondent for an attachment order

Matters to be observed in the attached Form shall be imposed on the person requested to attach an attachment order.

Criminal facts

“criminal history,”

On January 6, 2012, the defendant and the person against whom the attachment order was requested (hereinafter referred to as the "defendant") were sentenced to two years of imprisonment for attempted rape in the Seoul Northern District Court and completed the execution of the sentence in the medical prison on August 20, 2013.

Criminal facts "

The defendant is a person who operates "F" in Seocho-gu Seoul Metropolitan Government E 906, and is a person who is in the position of protecting and supervising the victims of this case due to business relations, such as counseling with counselors visiting to receive counseling due to family relations, personal relations issues, etc.

[2016Gohap642 - Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act on the Protection of Children and Juveniles against Sexual Abuse), Violation of the Act on the Protection of Indecent Acts against Sexual Abuse (Indecent Act by Fraudulent Means, etc.), Violation of the Act on Special Cases concerning the Punishment, etc. of Specific Crimes against Name of Crimes (Indecent Act on the Punishment, etc. of Sexual Crimes

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims G (Indecent Act in Occupational Authority, etc.);

At around 09:00 on July 22, 2015, the Defendant: (a) visited the victim G (the age 21) to receive counseling due to family relation and personal relation issues; (b) “I think it is not good for the victim G (the age 21); (c) whether I have sexual desire or experience; and (d) I think it is not good for the victim to keep his body. (c) I think it is not good for the male to keep his body. (d) I need to keep much different from age. It is the male who is in need of protection.” While I talk about the family relation or personal relation without special relation, I would like to see that I would like to see that I would like to see that I would like to see that I would like to see the victim’s chest, I would like to see that I would like to see the victim’s body, and that I would like to see that I would like to see the victim’s body," and that I would like to see the victim’s body.

As a result, the defendant committed an indecent act against the victim under his protection and supervision due to his business relationship through a deceptive scheme.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims H (Indecent Act against Occupational Authority, etc.);

A. On May 8, 2015, the Defendant, at the “F” above 14:0 on May 14:0, 2015, asked the victim H (at the age of 23) who visited the victim to receive counseling due to lack of intensive strength, psychological clothes, etc., on the following grounds: (a) whether or not he/she has sexual desire or experience; (b) how or not he/she has male and his/her experience; (c) how or not he/she has viewed the male and Swiftships; and (d) whether he/she has judged the self-devision; and (b) brought the victim into two arms as he/she would have the victim overcome his/her role; and (c) whether or her self-de

B. The Defendant, at around 14:00 on May 15, 2015, called “F” to mean “the Victim must have love” to the Victim, and as if he stimulates his role, he must love himself.

The victim rhythm and rhythm the victim's body, rhythm and rhythm, the victim's body "hythrhhhh" means "hyhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Accordingly, the defendant committed an indecent act by fraudulent means on the part of the victim who is under his protection and supervision through business relations two times.

3. An indecent act committed against the victim in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act).

At around 12:30 on September 11, 2015, the Defendant called "F" to the victim I (the age of 28) who visited the victim I (the age of 28) to receive counseling due to depression, uneasiness, etc., and read "I think I think I would like to be an obstacle, I think I think I would like to be an obstacle" and "I see I am I am with the face" as I am with the victim's body as I am. I am with the victim's face.

As a result, the defendant committed an indecent act against the victim under his protection and supervision due to his business relationship through a deceptive scheme.

4. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the J (Indecent Act against Occupational Abuse, etc.).

A. From around May 5, 2015, 19:30 on 18:30 on 2015, the Defendant: (a) called “F” to the victim J (the age of 31) who visited in order to receive treatment for depression after being hedging with the male-gu and the male-gu; (b) “Arresh with the male-gu and the male-gu, it is necessary to do so; and (c) brought the victim into double arms against the victim’s will and made it fit for the victim’s face and the alcohol.”

B. At around 18:30 on May 27, 2015, the Defendant stated that “I think I would like to be forgotten by the other party” in the above “F,” and tried to fit I with the victim’s face, eye, nose, ear, ear, etc. by hand. I will see that I will see that I will see the victim’s face, eye, cry, ear, ear, etc. as his hand. I want that I will see. I will see that I will see. I will take a trip to a foreign country for a long time.”

Accordingly, the defendant committed an indecent act by fraudulent means on the part of the victim who is under his protection and supervision through business relations two times.

5. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against K of Victims (Indecent Act against Occupational Authority, etc.);

Around May 2015, the Defendant: (a) asked the victim K (here 25 years of age) who visited to get counseling with the difficulties of personal relations at the above “F,” and (b) expressed the victim’s awareness of his refusal to take sexual actions, such as “whether or not the victim has experience in sexual relations with him; (c) the victim is a part of the important counseling; (d) the sexual assault victim is a volunteer for the psychological treatment; and (e) as the victim is playing a role, the victim Da Da Da Da Da Da Da Da dyna is a person who is in charge of the sexual assault victim’s psychological treatment; and (e) the victim Do dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna dy to the victim; and (e) the victim's n's n's n part and on the bridge.”

As a result, the defendant committed an indecent act against the victim under his protection and supervision due to his business relationship through a deceptive scheme.

6. An indecent act committed against the victim L by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act in Occupational Authority, etc.);

At around 18:00 on November 13, 2015, the Defendant: (a) knew of the fact that the Victim L(the age of 35) came to know through the mobile phone gathering ‘M’ (the age of 35) from ‘F’, the Defendant made sexual intercourse with the victim by suffering sexual assault damage; (b) asked the victim about sexual humiliation, i.e., ‘whether sexual intercourse was sexual intercourse', ‘I will end up with the male and female before the marriage'; and (c) put the victim in the body of the victim by two arms.’

As a result, the defendant committed an indecent act against the victim under his protection and supervision due to his business relationship through a deceptive scheme.

7. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims N (Indecent Act against Occupational Abuse, etc.);

At around 16:00 on September 14, 2015, the Defendant asked the victim N(F), who visited the victim's body "F," "at the age of 29, whether sexual desire is high, when there is a male-gu, when there is no male-gu, whether there is a sexual intercourse, and if there is no male-gu, whether or not there is a self-defensive behavior," and then put the victim's body toward the victim's body by leaving the victim's body towards the next hand, as if he would cause psychological treatment.

As a result, the defendant committed an indecent act against the victim under his protection and supervision due to his business relationship through a deceptive scheme.

8. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the victim0 (Indecent Act against Occupational Authority, etc.);

On July 2015, the Defendant asked about the victim 0 (the 29-year-old) who visited the “F” to obtain counseling on the her husband’s sexual intercourse with her husband, such as how gender relationship is good and how gender relationship with her husband is recovered, and used the victim’s arms and descendants, her, and her chest, as if she were receiving psychological treatment, as she was able to ask about the victim’s sexual intercourse with her husband.

As a result, the defendant committed an indecent act against the victim under his protection and supervision due to his business relationship through a deceptive scheme.

9. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims P;

From May 1, 2015 to June 30, 2015, the Defendant asked the victim P(here 15 years of age) who visited the above "F" to provide psychological counseling due to sexual issues, depression, etc. to the victim P (here 15 years of age) to provide psychological counseling, but as the victim refused to provide psychological counseling, the Defendant asked the victim P(here 15 years of age) to take about about 1,2 minutes of the body of the victim at his/her arms as he/she would have up the victim's loss and shoulder.

Accordingly, the Defendant committed an indecent act against children and juveniles by deceptive means.

10. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims Q Q;

From May 1, 2015 to June 30, 2015, the Defendant called “F” to “the victim Q Q (n., 16 years old) who visited the victim to undergo psychological consultation with his family due to conflicts with each other, depression, etc.,” but the victim’s face, loss, arms, etc. cannot be properly conducted by the victim, and the victim’s face, loss, arms, etc. are met with his own hand, and is scam. The victim is able to see the victim’s name. The victim’s snow was laid off on the floor while using the snow, bucks, bucks, and bucks, and the victim was able to see the victim’s eye with his hand, and the victim was able to see the victim’s eye with his eye written off.

Accordingly, the Defendant committed an indecent act against children and juveniles by deceptive means.

11. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against R (Indecent Acts in Occupational Authority, etc.);

From August 1, 2015 to October 31, 2015, the Defendant visited the victim R (25 years of age) who was living in F to receive psychological counseling due to self-esteem, mental health, etc. from the above ‘F' to the above ‘F's mental health, etc., and the Defendant was able to sit in the victim's body in two arms.

As a result, the defendant committed an indecent act against the victim under his protection and supervision due to his business relationship through a deceptive scheme.

12. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

Where a person subject to registration of personal information, such as occupation, workplace, etc., has been sentenced to two years of imprisonment for attempted rape at the Seoul Northern District Court on January 6, 2012, and the foregoing judgment became final and conclusive on July 12, 2012, and any change has been made to the competent police station within 20 days from the date on which the grounds for such change and the details of such change have occurred, the Defendant, while performing psychological treatment as the president from February 1, 2014 to March 31, 2016, did not submit the said changed information to the Seoul Central Northern Police Station, the competent police station, while performing psychological treatment duties from February 1, 2014.

【Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act against Occupational Authority, etc.)】

1. At around 13:00 on September 23, 2015, the Defendant: (a) visited the victim S(S) who visited “F” to undergo counseling due to depression and personal issues; (b) was able to stimulate the role of psychological treatment as a part of the day-to-day refund; (c) was sucked behind the victim’s chairs, etc., who was seated; (d) brought the victim into double arms in a state where the victim was lying the victim; and (e) was able to dance the victim’s view; and (e) was able to dance the victim’s view.

2. On October 28, 2015, the Defendant, at around 16:00 on October 28, 2015, told the victim, who visited the victim to take a counseling again, left the picture, and pointed out the prescribed part properly. The Defendant, like the above paragraph 1, sucked behind the victim, who was seated by the victim, and kidd up the victim with the two arms, and kid up the victim’s negative part by hand.

As a result, the defendant committed an indecent act against the victim under his protection and supervision through a deceptive scheme over two times due to business relations.

【Fact of Grounds for Request for Attachment】

The Defendant is deemed to have committed a sexual crime on a total of 15 occasions against 12 victims, including two persons under the age of 19, within 10 years after having been sentenced to imprisonment with prison labor for committing a sexual crime, and the Defendant is deemed to have committed a sexual crime and to have the risk of recommitting a sexual crime.

Summary of Evidence

[Attachment 2016 0642]

1. Partial statement of the defendant;

1. Each prosecutor's protocol of statement of P and Q;

1. Each police statement on G, H, I, J, K, L, N,O, and R;

1. Each police stenographic record of G, H and I;

1. Details of the request for taxation information, business registration certificate, and registration of personal information;

[2016Gohap1223]

1. Partial statement of the defendant;

1. The police statement of S;

【Prior Records at the Time of Sales】

1. Reports on criminal records, etc., written judgments, personal identification and confinement status, investigation reports (in relation to the results of handling criminal experience data A, investigation records data, and investigation records data), investigation reports (in addition to judgments on the same criminal case as a suspect), investigation reports (in the course of trials and confirmation of records of repeated crimes);

【Risk of Sexual Crimes and Danger of Reoffending】

The following circumstances acknowledged by each evidence and a prior investigation report on a claim: (i) the Defendant committed a sexual crime against 12 victims, including two persons under the age of 19 years and six months; (ii) the Defendant was sentenced to a punishment due to the crime of attempted rape and for whom three years have not passed since he/she completed the execution thereof; (iii) the victims of the crimes of violation of the Act on the Protection of Children and Juveniles from Sexual Abuse (Indecent Act on Sexual Abuse, etc.) and the Act on Special Cases concerning the Punishment of Sexual Crimes (Indecent Act on the Protection of Children and Juveniles from Sexual Abuse), are deemed to have a sense of sense of punishment of the Defendant considering that the Defendant committed a sexual crime of less than 15 times in total; (iii) the victims of the crimes of violation of the Act on the Protection of Children and Juveniles from Sexual Abuse, including the crime of attempted rape, committed a sexual crime against many and unspecified persons; (iv) the evaluation result of evaluation of the risk of sexual offenders to Korea (KSAS); and (v) the victim’s awareness and risk of the sexual crime of less than 10 years after the sentence.

Judgment on the Defendant and defense counsel's argument

1. Whether the duty of protection and supervision on duty exists;

A. The assertion

The qualification of the psychological counselor acquired by the defendant is not an incorporated association that voluntarily manages and operates, and there is no special obligation. The relationship between the psychological counselor and the counselor is weak compared to the relationship between the doctor and the patient, and it is difficult to view that the relationship between the protection and supervision is an essential factor in the continuance of the relationship between the psychological counselor and the victim. Therefore, the defendant, who is the psychological counselor, has the duty to supervise the victims, under the law, the contract, or the actual relationship with the victim.

B. Determination

In full view of the following circumstances that can be recognized by the evidence duly adopted and investigated by the court, even if the defendant and the victims did not separately prepare a contract, etc. specifying the "Duty of protection and supervision of the defendant", it is reasonable to view that the defendant and the victims, who are psychological counselors, entered into a counseling contract on the premise that the defendant bears the duty of protection and supervision against the victims during the counseling process, and therefore, the defendant's duty of protection and supervision against the victims is recognized. This part of the defendant and the defense counsel's assertion is rejected.

① Although Article 31 of the Framework Act on Qualifications, which is a basis law, provides for the duty of good faith, etc. of a qualified recipient, as well as Article 31 of the Framework Act on Qualifications, which provides that the International Psychological Counseling Society, which is an incorporated association, which provides that the defendant is entitled to a psychological counselor, shall respect the dignity and value of the human beings and help the defendant live a healthy life through various assistance activities, although it has a code of ethics. 4) The victims visited the "F" of the operation of the defendant, considering the victims as a psychological counselor with professional knowledge and experience and recognized qualification, who are entitled to psychological counseling, and certain victims were misled as having the qualification corresponding to the defendant's will (2016 high-class 642 investigation records5). The victims' duty of care to suspend and revoke the qualification of the defendant and make it impossible for the defendant to act as a psychological counselor, and the victim's right to make a statement to protect the defendant's organization other than the State's duty of care is not denied (274).74).

② In light of the characteristics of psychological counseling, a psychological counselor is a person specialized in providing advice to solve psychological problems (6). In the process, the counselor is bound to rely solely on and trust of the psychological counselor, and most victims have been engaged in psychological counseling remaining in an enclosed space for 50 minutes in which psychological counseling is conducted (No. 20, 75, 147, 167, 221, 584, 617, 698, 704, 739, 810, 812, 861, 861, 2016, 2237), 5 through 10,00 won per time (50 minutes). During that process, the victim seems to have been able to have high prices compared to ordinary mental costs and expenses, 12, 147, 25361, 257, 2757, 37616 and 5747).

③ 피해자들은 수사기관에서 '어째서 피고인이 추행행위를 하였을 때에 거부하거나 반항하지 않았던 것인지'라는 물음에 대하여 "불쾌하고 성적 수치심이 느껴졌지만 심리상담 기법의 일종이라고 생각하였고, 피고인에게 심리상담을 통해 도움을 받으러 간 입장이기 때문에 피고인의 말에 거부하거나 저항하지 못했다. 심리상담은 신뢰관계를 바탕으로 하는 것인데 이의를 제기하면 신뢰관계가 깨질 것 같아 믿고 따를 수밖에 없었다."라는 취지로 진술하였다(수1 제1권 제11, 13, 162, 163, 171, 592쪽, 제22 7|18, 73, 147, 286, 602, 583, 587, 616, 643, 698, 699, 734, 740, 744, 774, 778, 803, 810, 813, 814, 861, +2 71|53, 54, 55, 76).

2. Whether it constitutes an indecent act;

A. The assertion

In particular, it is difficult to evaluate the victim as an indecent act in light of the following: (a) the part that the Defendant spokes the victims, the part that the victims’ grandchildren or shoulders, and the part that the chests of the victim divided them into fingers. In particular, for about three weeks after the psychological counseling, the victim conspireds with the Defendant for a period of three weeks after the psychological counseling, and the investigative agency stated that the Defendant did not refuse the Defendant’s actions (No. 1, No. 2, No. 657). In light of the fact that the victim stated that the victim spokes the victim’s spokes, the victim spo

B. “Indecent act” means an act that causes a sense of sexual humiliation or aversion to the public objectively and contrary to good sexual morality, which infringes on the victim’s sexual freedom. Whether an act constitutes an indecent act ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim prior to the occurrence of the act, circumstances leading to the act, specific form of the act, objective situation surrounding the act, and the sexual moral sense of that time (see, e.g., Supreme Court Decision 2003Do7107, Jul. 14, 2005).

In full view of the following circumstances that can be acknowledged by the evidence duly adopted and investigated by this Court as to the instant case, it is reasonable to view that the Defendant’s act, such as criminal facts, causes sexual humiliation to the general public and infringes on the victim’s sexual freedom, and constitutes an indecent act. This part of the Defendant and the defense counsel’s assertion is rejected.

① The Defendant is a psychological counselor who is an adult male under 48 years of age, and the victims visited 15 to 35 years of age who wishes to receive psychological counseling due to symptoms, such as questions of personal relation, psychological clothes, depression, coercion, etc. The victims only come to talk with the Defendant for psychological counseling, and there was no particular relationship with the Defendant. In such circumstances, it is reasonable to view that the Defendant’s act of relatively booming the victims, raising the victims’ grandchildren, raising the victim’s chest 10, 12, 615, 79, 74, 775 or 700, 170 or 7600, 170 or 7600, 170 or 7600, 1700, 170 or 7400, 1700, 700, 700). Furthermore, the Defendant’s body and 1550,000,000) continued to have been able to have been able to have been 2.

The defendant asked the victims about sexual humiliation, sexual experience, sexual desire, etc. irrelevant to each symptoms that the victims suffered before or after the victims committed an indecent act such as the statement of facts constituting a crime.

③ With respect to the indecent act, such as the Defendant’s criminal facts, the victims showed all the following reactions: “The victims frighten and frighten,” and “frighten and unfrighten,” or “frighten and feel a sense of sexual humiliation.”

④ In the case of the victim L, the above victim appears to have been a locked school system with the defendant from the day immediately after the crime of this case was committed. However, the victim L made a statement to the effect that "F was paid for the purpose of providing psychological counseling with the defendant in order to treat twitma due to sexual assault experience in the past, and "F" was an indecent act as stated in the crime committed by the defendant was under way of counseling with L (No. 650, 652, 653, 654 pages). The commencement of psychological counseling with the defendant was more than 1-2 hours after the above psychological counseling was completed and 1-2 hours was under way, and L was under way about the reasons that the victim did not resist about the indecent act written in the criminal facts of the defendant." (No. 12 pages 643) The victim stated to the effect that "the defendant was aware that she was a kind of psychological treatment," and that he did not interfere with the above indecent act by the defendant, not just because the defendant's body was about the above indecent act of the defendant.

Application of Statutes

1. Article 7(5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 10(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of each indecent act against the victim G, H, I, J.K, L, N,O, R, and S, choice of imprisonment), Articles 50(3)2 and 43(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of failure to submit modified information and the selection of imprisonment);

1. Aggravation for repeated crimes;

Articles 35 and proviso of Article 42 of the Criminal Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, Article 50, and proviso of Article 42 of the Criminal Act

1. An order for disclosure and notification;

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Issuing an order to attach an electronic tracking device and matters to be observed;

Registration of personal information under Article 5(1)1, 3, and 4, Article 9(1)3, the main sentence of Article 9(2), Article 9-2(1)3, and 9-2(1)4 of the Act on Probation, Electronic Monitoring, etc. of Specific Criminal Offenders

Where a conviction becomes final and conclusive with respect to each of the crimes of violating the Act on the Protection of Children and Juveniles against Sexual Abuse and the crimes of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act on the Abuse of Occupational Authority, etc.), the accused is a person subject to the registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit

Reasons for sentencing

1. Scope of recommended sentences according to the sentencing criteria;

(a) Offenses against the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Determination of Type] A crime of indecent act by force (subject to the age of 13 or more) on the grounds of the general standard of a sex crime (Indecent act by force, such as by force or by force, by force on the part of relatives)

[Special Person] A repeated crime of the same kind which does not fall under a specific violent crime (a repeated crime)

[Determination of the Recommendation Area] Aggravation (two years and eight months of imprisonment - April 8) 10

(b) No sentencing criteria shall be set up for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act on the Abuse of Occupational Authority, etc.) and a violation of the Act on Special Cases concerning the Punishment,

(c) Two years and eight months of imprisonment with prison labor for the application of the standards for handling multiple crimes (the lowest limit of the recommended punishment for each crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (the Act on the Punishment, etc. of Sexual Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Observance of Secrecy, etc.) for which no sentencing guidelines are set shall be set; since each crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (the Act on the Punishment, etc. of Sexual Crimes against Sexual Crimes

2. Determination of sentence;

[Unfavorable circumstances] Each of the crimes of this case committed an indecent act against 12 victims, including two children and juveniles, by a deceptive scheme over 15 times for six months after the defendant did not register the changed personal information and had a psychological counseling center established, and undermining psychological counseling, and committed an indecent act against 15 times. The Defendant committed each of the crimes of this case without being aware of even though he/she was sentenced to a sex crime, even though he/she was in the repeated offense period. In order to alleviate emotional and psychological anxiety, the victims, who had consulted with the Defendant, suffered more serious mental distress due to the Defendant’s indecent act, and the Defendant did not receive a letter from the victims. The Defendant sold the victims to the victim as the mentally ill or the victim as the offender at an investigative agency.

[Ligue circumstances] The defendant's mistake is repented and reflects his own mistake at the latest. In some cases, it is difficult to see that the degree of indecent conduct is more severe.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.

Judge of the presiding judge;

Judges Kim Gin-han

Judges fixed-type

1) To the extent that it does not disadvantage the defendant's exercise of his/her right to defense, the part of "in accordance with the facts obtained through the examination of evidence," which stated in the indictment, was able to attract the victim in accordance with the victim's view and alcohol, is corrected as above.

2) The portion of 11 stated in the written request for an attachment order against the victim for a total of 13 times shall be corrected according to the facts constituting the crime of the case, for which the additional indictment was joined after the said request (2016 Gohap1223).

3) The intermediate area of the results of the KSOAS assessment is 7-12 points for the intermediate area and 7-24 points for the PC-R assessment.

4) The Korean Counseling and psychology Association, which is qualified as a counselor in legal status, such as the International Psychological Counseling Association, has a more detailed and systematic code of ethics.

5) It is referred only to as '1'.

6) The International Psychological Counseling Society, an incorporated association, provides that a psychological counselor is defined as a "professional psychological counseling specialist in charge of helping people suffering from various conflicts and problems in society, such as baby, child, youth, and the aged, by comprehensively diagnosing and providing treatment by using scientific measuring instruments and counseling methods, and by helping them lead a healthy and correct life."

7) It is limited to '2'.

8) Since an order to complete a program under Article 9-2(1)4 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders is imposed on the Defendant as indicated in the attached Form, the order to complete a program may not be concurrently imposed pursuant to the proviso to Article 21(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 16(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

9) The period of attachment under Article 9(1) main sentence and 3 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders is between one year and ten years, but not more than 19 years, and sexual assault crimes are committed against a person under 19 years of age. As such, the lower limit is aggravated by two times pursuant to the proviso to Article 9(1) of the aforesaid Act.

10) Since an indecent act against juveniles in a deceptive manner is an indecent act against juveniles, the upper and lower limit of the scope of sentence shall be reduced to 2/3, respectively.

A person shall be appointed.