Cases
2018Gohap362 Similar rape, injury resulting from habitual indecent act
2018 early 1821(combined) Requests for probation orders
The defendant and the person requesting the probation order
A
Prosecutor
Hands (prosecutions, public trials)
Defense Counsel
Attorney Choi Woo-chul
Law Firm LLC, Attorneys Lee Yong-hoon et al.
Imposition of Judgment
September 19, 2018
Text
A defendant shall be punished by imprisonment for six years.
The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.
The defendant shall be ordered to a child or juvenile-related institution, etc. to restrict employment for ten years. The request for the probation order of this case shall be dismissed.
Reasons
1) On July 17, 1986, the defendant and the respondent for the probation order (hereinafter referred to as the "defendant") opened the theater called "D" to "E", "F", and "G", and opened the theater scenarios, such as "E", "F", and "G", "I" and "K" in "I" in Syangyang-siJ in 199 and actively engaged in performing activities inside and outside the country. In addition, the defendant and the respondent for the probation order (hereinafter referred to as "defendant") had a strong influence on the general public as a experimental performance and as a professor at NN University, P University, etc.
1. Habitual indecent acts;
The Defendant, as a substantive operator of “D”, committed an indecent act by assaulting 18 times in total, on the following occasions between around 2010 to December 2016, 201: (a) the Defendant committed an indecent act by assaulting 8 victims, such as the instant actors belonging to “D” or the instant actors who contributed to the drama in which the Defendant was engaged:
A. The victim AI (n, 30 years of age, 30) committed the crime against the victim AI was a ship belonging to "D" from February 2, 2011 to February 19, 2018. (1) The defendant requested the victim (the 24 years of age at that time) to put his/her hand in the defendant's panty in the defendant's residence located in the above "K at around 22:00 on the date when the date of the 2012 cannot be known, and then the defendant requested the victim (the 24 years of age at that time) to put in the defendant's panty, and the victim was able to take care of his/her hands in the victim's panty, as he/she had the victim taken her hand, and put the victim's hand into the defendant's panty.
(2) On June 7, 2015, on the day on which the date is unknown, the Defendant left the victim’s sexual organ as “AU’s office” to hold the victim’s performance of the work of “AU” in the above “AU” as the office, and let the victim take the part of the victim’s sexual organ as the last body, and let the victim take the part of the victim’s body in the back of the victim’s body, ice the extension map, and ice the victim’s ice bucks inside the victim’s buckbucks, and added the victim’s hand to the part of the victim’s inner part of the victim’s sexual organ, and folds the victim’s sexual organ into the victim’s buck.
(3) On September 2016, the Defendant, at around 01:00, was unable to know the date, called “AX” to the victim in practice for the performance of works called “AX” at the AW theater located in the AV located in the Busan-gun, Busan-gun, called “AX,” and, at the same time, the victim was sent to the restaurant and the victim was sent to singing, and then the victim was sent to the voice during the singing.” The Defendant, iced a smoke map, flabed the victim’s chest by gathering his hand into the victim’s own name and the broding, and flabed with the victim’s chest;
(4) 피고인은 2016. 12. 일자를 알 수 없는 날 저녁 무렵 위 'K' 연습실에서 'W'이라는 작품 공연을 위해 연습하고 있는 피해자에게 "연기를 할 때 눈을 떠야 한다. 연기를 하려면 약간 비이성적인 상태가 필요하다. 어떤 것을 경험하면 배우 눈이 바뀐다. 나한테 너를 맡겨라."라고 하면서 연기지도를 빙자하여 갑자기 양팔로 피해자를 끌어안은 다음 피해자의 입술 주위를 혀로 핥고,
(5) The Defendant: (a) around December 2016, the point where the date is unknown; (b) around December 2016, the Defendant: (c) took the part where the victim, who took a practice in the instant “K’s practice to perform the performance of works, was obliged to pay to the son, saying, “W” the victim is required to walk the son’s name to the son; (d) let the victim unfold the son’s name to the son; and (e) let the son cut off the son; (e) present the son’s body to the son; and (e) had the son frighted the son’s chest to the son’s son’s own hand; and (e) repeated the son’s son’s appearance.
B. The victim AJ (J, 40 years of age, Ga) was a person who contributed to the drama of "AY", "AY" to the victim AJ in early 2012. From March 23, 2012 to 16:00, the Defendant was able to sit the victim (33 years of age at the time) before the performance of "AY" in the BA division room located in Daejeon Western-gu, Daejeon between 15:00 on March 23, 2012 and 16:00 on the start of the performance of "AY", and the Defendant was her own victim after the victim et al., under the direction of postponement, and she was her chests.
C. The victim AM (n, 37 years of age, and Ga) committed the crime against the victim AM was a ship belonging to "D" from November 200 to May 31, 2007. The Defendant left the victim (at the time 33 years of age) who had been able to attend the funeral ceremony of the extreme female vessel from "I" around April 16, 2015, and she dried the victim's shoulder with "hing so far as he she saw it as she flick?" and she flicked the victim's shoulder with his hand and flicked the victim's left chest with his hand.
D. The victim AL (here, 30 years of age, and Ga) committed the crime against the victim with "D" from around 201 to January 2013. (1) around 07:00 on the day on which it was impossible to know the date of the above "I" to find that the victim who provided volunteer service to the university student at the time of the above "I (the age of 21 years at that time) went to the toilet," and the victim called "I see that the victim "I am from the 1st floor large practice room," and the victim said that "I am from the 1st floor large practice room, I am the victim's son's son while having the victim come to the massage with the victim's son's son's son, and then came to the victim's son's son's son's son's son and son's son's son's son's son's son's son.
(2) On the day when the date of 2011 was unknown to the day from 14:00 to 18:00, the Defendant had the victim, who was admitted to the extreme group after graduating from the university at the Defendant’s residence inside of the above “K, take the victim’s hand, took the victim’s hand, put the victim into the Defendant’s clothes under the Defendant’s lower clothes, and took the victim’s hand during the Defendant’s sexual period;
(3) On December 16, 2012, from around 14:00 to 16:00, the Defendant, who prepared a drama performance called “BD” in Jongno-gu Seoul, Jongno-gu, Seoul, called “BD to take partial charge of the victim’s performance,” provided that “the victim must pay it by body,” and that “the victim must take the body behind the victim’s et al., and then the victim’s body was pushed back and continue to take over and keep the victim’s boat. However, the Defendant carried the finger by gathering the hand with the victim’s upper part and the brogate.”
E. The victim BE (n, 32 years of age, and Ga) committed the crime against the victim BE was assigned to D from January 201 to the end of December of the same year. The Defendant, on the date on which the date of March 2011 cannot be known, is used by several members in the above "K" practice room, and it is important to use the victim's body as the victim's "as many members are kept, it is important for him/her to use his/her body." The Defendant’s name must be well displayed. The Defendant was able to use the victim's body with his/her hand after exposing his/her clothes by exposing him/her.
F. The victim AO (n, 35 years of age, Ga) committed the crime against the victim AO was a guest member from around September 2012 to December 2012. (1) The Defendant, at around 19:00, was unable to know the date October 2012, 19:0, she was waiting for a drama performance called “BH” in BG atmosphere located in the Daegu Suwon-gu BF, and she was able to see a smoke map to the victim (at that time 29 years of age), who was waiting for a drama performance of “BH” at around 19:00, while she was able to see a smoke map to the victim (at that time 29 years of age) who was waiting for the victim’s her hand by inserting his hand with the mono that the victim was her own, and then removed the nuba worn worn by the victim.
(2) On November 2012, the day after November 2012, the Defendant was unable to know the lower day, and around the day after November 2012, 201, the Defendant started to look at the victim who was in practice for the drama performance called “BD” in the theater, and continued to see his/her fingers by inserting his/her fingers into the lower part of the victim.
G. A victim, N.C., who committed a crime with a victim's N.C. from around 2010 to August 2013. (1) The Defendant: (a) around the day on which it is impossible to know the date on November 2010, the Defendant: (b) around the day on which he held a drama performance "BI" with a victim (22 years old at the time) who followed the drama performance "K?" ; (c) I am the victim from behind the victim's own, etc.; (d) I am the victim; (d) I am the victim's mother; (c) I am the victim's son and chest; (d) I am the victim's son; (d) I am the victim's son; and (d) I am the victim's son; (d) I am the victim's son's son's son's son's son's son's son; and (d) I am off the victim's 2 years after the victim's chest.
(3) On September 2012, the Defendant was unable to know the date, and around the chests of the victim, iced the victim, who took a play in the drama called “BJ” from “T” to “BJ”, and took the victim’s hand from the following behind the victim’s own victim, etc. to the victim’s back to the back of the chests.
H. The crime committed against the victim AK was committed by the victim AK from February 2013 to February 19, 2018. (1) The defendant: (a) around December 2016, the date when the victim could not know of the date; and (b) around December 2016, the defendant took part in the performance of the works called "W" in the above "K" at the exercise room (at that time the victim (at that time 24 years old) must pay to the victim; (c) the victim's son son son son son son son son son son her chest her chest with the victim's chest by inserting it inside the victim's name; and (d) the victim's son her finger son son her finger son her finger son her finger her hand, and the victim's son her finger son her hand and her clothes with the victim's her hand, and then the victim's son her son her as soon after the victim's her hand.
(2) On December 2016, the Defendant followed the victim, etc., who took practice for the drama performance, “W” in the “C small theater” in the above I, on which the date of the mid-to-date date is unknown, and followed the victim, etc., by taking the victim, etc., seeing the victim’s scams, taking the victim’s knife with his knife with his knife and knife with his knife, and repeated the victim’s knife between his knife and knife.
2. Injury resulting from similar rape;
On December 2, 2016, the Defendant: “W” in the “C small theater” located in the above-mentioned day on which it is impossible to know of the last day of December, 2016, the Defendant: “W must pay to the victim AI the force on the part of women’s wombs. It is not easy to first pay. It is not easy to inform how to do so. It is not easy to first do so; I see how to see how to do so, the Defendant’s back, such as the victim, etc., put the hand into the front part of the victim’s clothes; “I am inside a canter with the inside a canter, and sound.” Then, the Defendant saw the victim’s finger to the part of the victim, while continuing to do so, put the victim into the part of the victim’s finger, she saw the victim’s chest into the victim’s chest, and she saw the victim’s chest to the victim’s chest, and she saw the victim’s chest to the victim’s chest.”
Summary of Evidence
【Criminal Facts at the Time of Sales】
1. Partial statement of the defendant;
1. Each legal statement of a witness AI, AJ, K, AL, AM,N, and AO;
1. Each prosecutor's protocol of examination of the accused;
1. A copy of the statement of opinion (Preparation on January 5, 2018, name AI), a set of 10 copies, 10 copies, photo of the AI, opinion sheet (AAI, document No. 10 March 10, 2018), CH, etc.
1. Report on investigation (information about D and A), investigation report (information about suspect A's work experience);
【Habitualness】
1. Considering the following facts: (a) the evidence duly adopted and examined by the court that habitually recognized the type of crime has been repeated several times over a long time; (b) the defendant made an indecent act against eight women, such as the victim AI, N, AM, etc.; (c) the number of the past indecent acts recognized by the criminal investigation agency is considerable; (d) the female actors who suffered from an indecent act by the defendant were all members of the "D" group or those who had contributed to the drama in which the defendant started, and (d) the defendant committed an indecent act by repeatedly allowing the members to feel, and (e) the defendant committed an indecent act by repeatedly providing extended guidance or guidance to the members, and (e) the defendant committed an indecent act by repeatedly using a similar method, such as committing an indecent act, for a long time, and (e) the defendant was found to have been aware that the defendant committed an indecent act by repeatedly taking into account the circumstances that the defendant committed an indecent act by repeatedly was committed against the members of the committee.
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
Articles 305-2 and 298 of the Criminal Act (the occupation of habitual indecent acts, inclusive) Articles 305-2 and 298 (the choice of imprisonment), Articles 301 and 297-2 of the Criminal Act (the occupation of injury resulting from similar rape and the
1. Aggravation for concurrent crimes;
The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes concerning injury resulting from similar rape which is heavier than 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;
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 crime of this case is limited to those who had no record of criminal punishment previously committed by the defendant, and each of the crimes of this case is limited to those who have a special relation factor, such as the extreme rain of the defendant or the players who contributed to the drama held by the defendant, and it is difficult to deem that the defendant has a risk of recidivism or recidivism against an unspecified third party. The defendant's personal information alone seems to have a considerable period of time, life, completion of sexual assault treatment programs, personal information registration alone to a certain extent, and the effect of recidivism prevention can be seen as having the effect of disclosure or notification of the registered information of the defendant, disadvantage and side effect of the defendant, the defendant's age, character and behavior, environment, family relation, etc.
1. An employment restriction order;
Determination on the assertion of the defendant and defense counsel under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse
1. Judgment on the assertion of violation of Japaneseism in indictment
A. Summary of the assertion
Although the crime of habitual indecent act by compulsion was newly established only on April 15, 2010, the prosecutor stated in the indictment that the defendant had committed indecent act such as habitual indecent act by compulsion, etc. from around 1991 to April 201, to around 15, 2010, with the fact that the defendant, from around 1991 to around 199 to April 20, in the indictment, he/she had been in charge of sexual intercourses with D, such as BK, etc., or to women's guests who had a dramad with a drama, and that he/she had committed indecent act such as sexual intercourse. This is against the principle of accountability
B. Determination, habitual nature of a crime refers to a certain brusities and tendency of a crime, and it does not constitute the nature of the act, but is not the nature of the offender, and there is no restriction on the materials to recognize habituality (see Supreme Court Decision 90Do887, Jun. 26, 1990). Not only a final and conclusive judgment of conviction but also a juvenile protective disposition, the suspension of indictment, or an act that is not equipped with the litigation condition may be deemed as habitual nature recognition materials. Accordingly, the act before the establishment of the crime of habitual indecent act by compulsion (see April 15, 2010), for which the statute of limitations has expired or no complaint has been filed, may also be deemed as an indicator of habitual occurrence.
The prosecutor clearly stated all of the above facts as materials for the defendant's habitual recognition of the habitual nature of indecent act by indecent act by indecent act by indecent act, and stated the records of habitual recognition as materials that cause a violation of the principle of responsibility or a judge's prejudice, which cannot be viewed as violating the principle of indictment in Japan. Thus, this part of the argument is rejected.
2. Judgment on the assertion on criminal facts
A. Summary of the assertion
1) The Defendant did not commit any act identical to the facts charged as indicated in the judgment, except for part of Article 1-A (4) of the facts constituting the crime in the judgment. The statements made by the victims, which form the basis of the facts charged in the instant case, are distorted or unrecognified
2) The Defendant did not cause the victims to take the hands of the victims, or “the victim’s body,” and “the victim’s body,” but did not commit assault and intimidation at the time of each act. Therefore, the crime of indecent act by compulsion is not established.
3) The drama of the Defendant is characterized by “marity using the body,” and the Defendant is merely a fact that the body of the victims, who are the actors, was confined to the extension of the period. Therefore, this is not a indecent act by force, but a legitimate act that does not contravene the social rules.
B. Determination
1) The basis for judgment and relevant legal principles
A) As to the credibility of the victims' statements
(1) In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall evaluate the credibility of the statements made by the victim, etc., taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness who is going to make a statement in the open court after being sworn before and after the judge's oath, and the pencing of the statement (see, e.g., Supreme Court Decision 2008Do7917, Jan. 30, 2009). In a case where the statements made by the witness, including the victim, are consistent and consistent with the facts charged, it shall not be rejected without permission, unless there is any other reliable evidence to deem the credibility of the statements made by the witness objectively in light of the facts charged (see, e.g., Supreme Court Decision 2004Do362, Apr. 15, 2005).
(2) The victims of sexual indecent act entails considerable mental pain and psychological burden to clarify the damage to the victim or to the surrounding people. Furthermore, the victims of this case are bound to have concerns over not only the secondary damage that the defendant may sustain, but also the damage that may occur to extreme group or club members, as members of D with a head or persons engaged in a drama with a huge influence of the defendant. Furthermore, in light of the defendant's influence, it seems difficult for the victims to have been aware that the reasonable disposition and prevention of recurrence are being taken place even if the damage is individually in question.5) As the U.S. movement was spreading worldwide, the victims, including D members, etc., who were the victims, were exposed to the spread of their real names, caused a large amount of wave by disclosing their names to the victim, through SNS, media, and the victim's sexual indecent act, and the victims of this case were able to have his intent to recognize some sexual indecent act and to have his intent to have his intent jointly meet with the victims. In light of the defendant's influence, it is hard to say that the victims and the victims were aware of these harm.
(3) The victims thought that most of the victims are the persons engaged in the dramas, such as the dramas, and some of them were left in the dramas until D was removed, and even after the instant case, they expressed the attachment to D. While there may be secondary phenomena, such as obtaining profits from other extreme teams, the circumstances leading to the instant complaint cannot be deemed as abnormal, and the victims cannot be deemed as having been dissipatedd into the atmosphere of the U.S. movement, or the victims were false or exaggerated facts with a specific person or force’s death.
B) As to indecent act by compulsion and assault
(1) The crime of indecent act by compulsion includes not only the case where an indecent act is committed after the other party makes it difficult to resist by means of assault or intimidation, but also the case where the act of assault itself is recognized as an indecent act. In this case, insofar as the assault does not necessarily require the degree of suppressing the other party’s intent and the exercise of tangible force against the other party’s will is against the other party’s will, the crime of indecent act by compulsion shall be limited to the case where the other party commits an indecent act (see, e.g., Supreme Court Decisions 2015Do9517, Dec. 10, 2015; 2004Do52, Apr. 16, 2004).
(2) 강제추행죄에 있어서 폭행 · 협박이 추행보다. 시간적으로 앞서 추행을 위한수단으로 행해진 경우 그 폭행·협박은 상대방의 항거를 곤란하게 하는 정도에 이르러야 하지만, 폭행행위 자체가 곧바로 추행행위에 해당하는 경우에는 상대방의 의사에 반하는 유형력의 행사가 있는 이상 그 힘의 대소강약을 불문하고 폭행이 있는 것으로 보아야 한다. 이 경우 폭행이 상대방의 항거를 제압하는 수단으로 이루어지는 것이 아니고, 일반적으로 추행행위가 상대방이 항거할 겨를이 없는 사이에 이루어지기 때문에 '기습추행'이라고 불리기도 하지만, 폭행행위가 추행행위가 되는 것은 의사에 반하는 유형력의 행사를 통하여 성적 의사결정권이 침해되기 때문인 것이므로 추행행위가 반드시 상대방이 알아챌 겨를도 없이 찰나의 순간에 이루어지는 경우만을 의미한다고 할 수는 없다.
C) As to extension guidance and legitimate activities
(1) "Act which does not violate social norms" under Article 20 of the Criminal Act refers to an act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Whether certain act is a legitimate act that does not violate social norms and thus, the illegality of the act is excluded should be determined individually by considering the following specific circumstances: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance between the protected interests and the infringed interests; (iv) urgency; and (v) supplementary nature that there is no other means or method other than the act (see, e.g., Supreme Court Decision 2003Do300, Sept. 26, 2003).
(2) In the process of guiding the players to take part in mind, physical contact inevitably leads to the point of view, etc. that provides for correction or force of attitude. Moreover, it appears that the postponement of physical contact accompanied by a certain degree of physical contact appears to have been several within D. However, as seen below, the Defendant did not form a sufficient consensus on the necessity of guidance accompanied by physical contact with the victims, without explanation of the method of guidance and consent of the victims, and without consent of the victims, made physical contact exceeding the extent that the victims consented or consented, and such physical contact is objectively likely to cause sexual humiliation and infringe on the victims’ sexual freedom. Thus, it is difficult to recognize the reasonableness of the method even if the Defendant had the purpose of postponement guidance.
D) An indecent act in relation to the intent of an indecent act is objectively an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom. The subjective constituent elements necessary for the establishment of the crime of indecent act by compulsion are sufficient only by intention, and it does not require any subjective motive or purpose to stimulate, arouse, and satisfy sexual desire (see, e.g., Supreme Court Decision 2013Do5856, Sept. 26, 2013).
2) Determination on individual criminal facts
A) Criminal facts No. 1-A against the victim AI
(1) Defendant’s assertion
The defendant did not have a fact that he was in charge of the victim's sexual intercourse, and he was only knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne.
(2) Determination
In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by this court, it can be recognized that the defendant committed indecent acts such as the facts constituting the crime in the judgment, and the intention of indecent acts is also recognized.
① 피해자는 수사기관에서부터 이 법정에 이르기까지 일관되게, 피고인의 배를 문지르던 중 피고인이 "사타구니 쪽이 아프다."고 하면서 자신의 손을 팬티 안으로 잡아끌었다고 진술하였다. 피해자는 처음으로 피고인의 숙소에서 안마를 한 날이었기 때문에 당시의 상황을 기억한다고 하였는데 피고인도 같은 취지로 진술한 바 있다. 피해자는 피고인이 원하는 부위를 잘 모르기 때문에 피고인이 자신의 손을 잡아당겼고, 성기 부위를 몇 번 문지르는 동안 손을 잡고 있었으며, 불편하여 손을 뺐더니 다시 사타 구니 부분으로 손을 가져갔다고 진술하였다. 이러한 피해자의 진술은 구체적이고, 그 이후로도 안마를 한 적이 많았는데 팬티 안으로 성기가 닿은 적은 없으며, 안마를 거부하거나 그로 인해 불이익을 받은 적은 없다고 하는 등 그 진술 내용과 태도에 비추어 허위로 보이지 않는다. 한편 피해자는 피고인의 상체를 무릎으로 안마한 적이 있지만 이는 위 범죄사실과는 다른 별개의 날이라고 진술하였다(증인신문 녹취록 32쪽). ② 피고인이 피해자로 하여금 안마를 하게 하면서 피해자의 손을 자신의 팬티 안으로 가져가 성기 주변 사타구니를 주무르게 한 것이 '피해자가 알아챌 겨를 없이 순식간에' 한 일은 아니라고 볼 여지도 있지만, 그 행위가 이루어진 구체적인 경위를 종합하여 보면 이는 피해자가 성적 자기결정권을 충분히 행사할 수 없도록 그 의사에 반하는 유형력을 행사한 것이고, 그 행위의 내용 또한 객관적으로 일반인에게 성적 수치심이나 혐오감을 일으키게 하고 선량한 성적 도덕관념에 반하는 것이다. 피해자가 피고인이 사타구니에 손을 대게 할 것을 예상하고서 양해하였다거나 그와 같은 은밀한 부위를 기꺼이 안마하였을 것이라고 볼 수 있는 사정도 없다.
③ Although the Defendant asserts that an indecent act is not committed by the indecent act by taking the body of the persons who use his body, due to the stroke part of the stroke part, the Defendant’s assertion that it is not an indecent act by taking the body of the persons who use his body. However, it cannot be deemed that the Defendant’s act of having a stroke in placing his hand into the panty part and taking the stroken part
B) Criminal facts No. 1-A (2) against the victim AI
(1) Defendant’s assertion
The defendant only extended the training of the victim to strengthen the condition of the part of the victim, but does not commit indecent acts by force.
(2) Determination
Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly selected and investigated by the court, the Defendant’s act constitutes indecent act by compulsion, and the intent of indecent act is also acknowledged in light of the place and method of crime, contact and method, and the situation before and after the commission.
① From the investigative agency to this court, the victim stated consistently to the effect that the defendant was able to see the defendant's office and see that "I see that I see that I see I am about I am about I am about I am about I am about I am about I am about I am about I am about I am about I am about I am about I am about I am about I am about I am about I am, and that I am about I am about I am about I am about I am about I am. I am about I am about I am on I am about I am about I am about I am about I am about I am about I am about I am about I am about I am about I am, and that I am about I am about I am about the defendant's will from that time I am about
② In light of the fact that the victim’s Cheongbane 6) was also a part of the victim’s audience, the Defendant was engaged in scam and practice, and that he was engaged in any conduct similar to the victim’s statement. The victim appears to be well aware of the location of the victim’s scam as a part of the scambling. In light of the fact that the Defendant stated that the scam was lower than that of the scambling and that the scam was lower than that of the scam and that the scam was first, and that the scambling and scam was lower than that of the scambling (Evidence No. 229 pages of the evidence record), the Defendant was a part of the scambling and scambling, not the intermediate part of the scambling and sexual instruments, even if the Defendant and the victim did not have the Defendant’s sexual organ, and that the scambam was aware of the Defendant’s sexual behavior.
③ The Defendant stated that “I would inform the victim of D’s domains” and then received the consent of the victim. However, at that time, I think “I think I think I would not think I would like to see that I would like to see that I would like to see that I would have caused the extension guidance,” and “I would like to see I would like to see I would like to see that I would like to see that I would like to see that I would have the victim’s explicit or implied consent to the same act as stated in the crime, in light of the victim’s statement.”
(1) Defendant’s assertion
The defendant, by hand, broomd the victim's name, broomll, and stamped brooms.
(2) Determination
Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly adopted and examined by this court, it can be acknowledged that the defendant committed indecent acts, such as the crime recorded in the judgment of the court, and considering the place, method and method of contact and the situation before and after the crime, the defendant's intentional act is also acknowledged.
(1) The victim consistently stated to the effect that, from the investigative agency to this court, the victim was in a situation where he was under practice from the time to the new wall, and that the part where the Defendant was placed in his clothes and brought about a knife with his fingers became food.
The victim has been aware of the structure of the ‘practice room'. The victim made a statement (Evidence Record 233 pages) and made a statement, which led to the sexual harassment victim to feel sexual harassment.
② 피고인이 제출한 동영상, 피고인이 쓴 책, 피해자를 포함한 D 단원들의 진술을 종합하면, 피고인은 평소 호흡, 소리, 근육을 조화롭게 사용하여 연기력을 극대화시키는 것을 중요시하였는데, 배우들을 상대로 연기 및 발성지도를 할 때 다른 사람들이 있는 앞에서나 D의 단원이 아닌 경우에도 단전, 명치와 가슴뼈(쇄골 아래 가슴 윗부 분) 부분을 누르거나 머리채, 관자놀이 부분을 잡고 끌어올리는 등 직접 신체를 접촉하면서 지도를 하여 왔던 사실이 인정되며, 이러한 지도 방법은 피해자를 포함한 D 단원들로부터 연기지도의 수단으로 용인되어 왔던 것으로 보인다.
③ 그러나 피해자는 피고인이 ②항과 같은 방식의 신체접촉을 통한 연기지도(피고인이 주장하는 흉곽발성을 위해 가슴뼈와 명치를 누르고 횡격막을 들어 올리는 행위)를 한 적도 있지만 "이 때에는 손바닥으로 가슴을 만졌다."고 분명하고 일관되게 진술한 점(증거기록 229쪽, 증인신문 녹취록 18, 42쪽), 피해자 또한 상당한 정도의 신체접촉까지는 연기지도로 용인하여 왔던 점(피해자는 변호인이 제시한 피고인의 연기지도 동영상에 나오는 정도의 신체접촉은 문제될 것이 없고 자신이 당한 피해는 그와 현저하게 다른 정도라고 진술하였다), 가슴뼈를 누르고 횡격막을 들어 올리는 행동과 유방 자체를 움켜잡는 행동에는 명백한 차이가 있는데 피고인으로부터 오랜 기간 연기지도를 받았던 피해자가 이를 오인했을 것으로 보기 어려운 점 등에 비추어 볼 때, 피고인이 범죄사실과 같이 피해자의 가슴을 손 전체로 움켜잡아 추행한 사실을 충분히 인정할 수 있다.
D) 1-A of the crime against the victim AI
(1) Defendant’s assertion
Although the defendant has engaged in the same conduct as the facts charged to the victim, it is an emergency to experience the postponement of justice combined with Mad Business (Maethod) because the victim does not have any fluority and so it is not well good.
(2) Determination
Unless the victim's consent is given, the defendant's act cannot be recognized to be reasonable in the method. Considering that the defendant's husband is the same member as the victim's husband, the defendant's act means that "mathy, n.e., n., n.e., her husband," and considering all the circumstances, such as the circumstances leading to the crime committed by the defendant, the circumstances leading to the crime committed by the defendant, the situation at the time of contact, and the method, the defendant's act constitutes indecent act and the intention of indecent act is also sufficiently recognized.
E) Criminal facts No. 1-A of the victim AI
(1) Defendant’s assertion
피고인은 피해자의 유두를 빤 적은 있으나, 가슴을 움켜쥐었다 놓았다 한 적은 없으며, 이러한 행위는 발성지도를 위한 것이었다.
(2) Determination
In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by this court, it can be acknowledged that the defendant committed indecent acts, such as the facts constituting the crime in the judgment of the court, and taking into account the contact details, methods, and the situation before and after, the defendant's act of indecent acts is also acknowledged. ① The victim consistently stated that from the investigation agency to the court, the defendant was forced to unfold his own name and to walk up his name until this court, and that the defendant was boomed, and that he was immediately fluent and fluent with the chest. The victim stated that the victim was the intention suffered at the time, and the circumstances after the crime that followed AK and its talked about it. At the time, the statement made by the AK, which was a indecent act similar to the victim as stated in Article 1-h (1) of the Criminal Act, is also consistent with this.
② Although at the time, the Defendant’s act constitutes an indecent act that causes sexual humiliation or aversion to the general public in light of the degree, method, etc. of contact even though he/she was in practice for performing “W” works, and even if he/she was found to have committed such act at the same place, the Defendant’s act constitutes an indecent act that causes sexual humiliation or aversion to the general public. There is no circumstance to deem that the victim sufficiently exercised
F) Criminal facts No. 1-2 of the Victim AJ
(1) Defendant’s assertion
The defendant was engaged in guidance, inspection, etc. to help the victim immediately before the performance, and did not engage in any behavior such as the facts charged.
(2) Determination
In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by this court, it can be sufficiently recognized that the defendant committed an indecent act like the facts stated in the facts charged in the judgment.
① The victim consistently stated that, from the investigative agency to this court, the Defendant was able to take partial charge of the Defendant’s room, and that the chest was flicked by putting her finger in his clothes. The victim stated that the Defendant was flicked as the upper part of the chest, and the work that the Defendant was flicked into the clothes, such as this part of the criminal facts, and the Defendant stated that he was flicked, and that he was flicked in the bel type of bel, and that he was flick, and that he was flicked of the bel in the bel type of bel, and that he was flick.” The victim stated that he was flicked of the part of the chest, and that he was flick in light of the constitution and consistency of the statement.
② 피해자는 범죄사실 기재의 추행을 당한 후 2013. 12. 21. 'AY'에 출연한 배우의 결혼식장에서 피고인과 함께 사진을 찍은 사실이 있다. 또한 피고인이 연출한 'BL'을 공연할 예정이었던 L 2015년 시즌 단원 모집 오디션에 응시하였는데, 심사위원인 피고인이 "쟤는 아파서 그만 둔 애다."라고 하며 오디션을 보지 못하게 한 사실도 있다. 그러나 피해자의 진술 내용 및 태도, 고소 경위 등에 비추어 보면 피해자의 행동이 성추행 피해를 당했다는 것과 모순된다거나 피해자가 피고인에게 앙심을 품고 허위 사실을 꾸며내고 있다고 보이지는 않는다.
③ 피고인은 연출가가 공연 직전에 위험을 무릅쓰고 배우를 추행할 리 없다고 주장하지만, 피고인이 평소 여자 배우들의 신체를 빈번하게 만졌을 뿐만 아니라, 여자 배우의 입술을 핥거나 유두를 빠는 행동이 연기가 늘지 않는 배우에 대한 비상조치였다고 주장하는 점 등에 비추어 보면 위 주장도 받아들이기 어렵다.
G) Criminal facts No. 1-C. against victims AM
(1) Defendant’s assertion
The Defendant, at a funeral hall, has committed an indecent act against the victim for a long time. However, he did not have any act to talk with the chest. The Defendant, who was a general manager of funeral ceremony, did not commit an indecent act against the victim while he was divinging from the pain.
(2) Determination
Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly adopted and examined by this court, it can be acknowledged that the defendant committed indecent acts such as the crime in the judgment, and the intent of indecent acts is also acknowledged in light of the contact basis, method, and the situation before and after the contact.
① 피해자는 수사기관에서부터 이 법정에 이르기까지 U의 장례식에서 피고인이 자신을 불러 구 BM 극장(현 C 소극장)으로 들어갔고, 피고인이 어깨동무를 하면서 옷 (트렌치코트) 위로 가슴을 만졌다고 일관되게 진술하였다. 피해자는 피고인이 "너 왜 이렇게 살이 많이 쪘노."라고 하며 오른 손으로 어깨를 두르고 왼손으로 가슴을 움켜 잡았으며, 자신이 임신 중이라는 말을 하며 몸을 피하였고, 피고인이 포스터를 가지고 가라고 했다는 등 당시의 상황을 구체적으로 진술하였다. 피해자 스스로도 "장례식장에서 추행을 한다는 게 말이 안 된다, 예상할 수 없었다."라고 진술(증거기록 420쪽)하기도 하였는데, 피해자의 전반적인 진술 내용, 태도로 볼 때 허위 사실을 꾸며냈다고 의심하기 어렵다.
② Although there is a difference in the statement as to whether the victim was aware of “BN” or the Defendant’s act in his/her hands, this is merely a minor part and does not constitute a reason to reject the credibility of the statement. According to the photograph (Evidence No. 21) submitted by the defense counsel, it is confirmed that the victim was using the trench cryp sheet at the time of the occurrence of the crime, but it is difficult to view that the victim was suffering from the overlap of the trencot from the beginning, and rather, it is credibility in the statement that the victim suffered from the trench that he/she was born after being pregnant. Moreover, it cannot be said that the statement was not reliable, and that there was an indecent act such as the crime committed by the defense counsel.
H) Criminal facts No. 1-D. (1) of the victim AL
(1) Defendant’s assertion
Under the consent of the victim, the defendant only changed the sagn's sagn's sagn's sagn's sagn's sagn's sagn's sagn's sagn
(2) Determination
Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly adopted and examined by this court, it can be acknowledged that the Defendant committed indecent acts, such as the crime in the judgment, and considering the place, method and method of contact and the situation before and after the crime, the Defendant’s indecent act is also acknowledged.
① 피해자는 수사기관에서부터 이 법정에 이르기까지, 공용화장실에서 볼일을 보고 방으로 들어가려는 도중 만난 피고인이 안마를 해달라고 하였고, 피고인의 어깨, 팔 등을 주무르던 중 피고인이 자신의 손을 바지 안 성기 주변으로 끌어 주물러 달라고 하였으며, 성기 주변을 주무를 수 없어 다리 쪽을 주무르면 피고인이 손을 잡아끌어 성기 쪽으로 가져갔다고 대체로 일관되게 진술하였다. 피해자는 피고인이 성기 주변을 주물러 달라고 하여 싫었지만 어쩔 수 없이 주물렀다는 진술도 하였지만(증인신문 녹취록 12쪽), 진술 전체의 취지는 피고인의 요구에 의해 어쩔 수 없이 주무르는 행동을 한 것인데, 피고인이 '미처 알아차릴 새도 없이 갑자기' 손을 잡아 끈 것은 아니지만, "여기를 주물러 달라."는 말과 동시에 손을 당겨 성기 주위에 손을 갖다 댔다.는 내용임을 알 수 있다(증인신문 녹취록 2쪽, 24쪽), 피해자는 피해사실을 학교 동기에게 알렸는데 오히려 핀잔을 들었다는 진술까지 하고 있는데 이에 비추어 보면 진술의 신빙성이 있다.
② At the time, the victim was not a member of D, and the Defendant was aware of for the first time. The Defendant deemed the victim’s hand at the time, and, even if the victim was deprived of his hand, it can be sufficiently assessed that the Defendant was able to exercise the force against the victim’s will to bring the victim into the surroundings of sexual intercourse even though the victim was deprived of his hand. Inasmuch as the victim showed a positive attitude, such as continuing to engage in the reference massage, it cannot be deemed that the victim was receiving the Defendant’s indecent act by exercising the victim’s right to sexual self-determination.
(i) Criminal facts No. 1-d. (2) of the victim AL
(1) Defendant’s assertion
Before the victim was aware of his wife, the Defendant did not have the victim interfere with his 's 's 's 's 's 's 's 's 's 's 's 's 's '.' While the victim could have contacted his sexual organ in the process of informing the victim of the location of his blood around his sexual organ,
(2) Determination
In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by this court, the defendant's act of indecent act like the crime is recognized and the intention of indecent act is also recognized.
① 피해자는 수사기관에서부터 이 법정에 이르기까지 피고인을 안마하던 중 피고인이 자신의 손을 잡아 성기 주변에 갖다 댔고, 성기 주변을 주무르다가 피고인이 성기에 피해자의 손을 갖다 대어 성기를 주무르게 되었다는 취지로 일관되게 진술하였다. 피해자의 진술은 범죄사실 제1의 사. (2)항 기재와 같이 당시 함께 안마를 하였던 AN의 진술과 대부분 일치하고, 당시 안마를 하게 된 경위, 안마를 한 시간, 피고인이 했던 말(BO에 관한 이야기) 등 진술 내용 또한 매우 구체적이다. 또한 피해자가 어깨를 두드려주는 등 순수한 안마를 한 적은 더 있으나, 성기 부분을 안마한 것은 2번뿐이라고 진술(증거 기록 449쪽)한 점을 보태어 보면, 그 진술의 신빙성이 높다. ② 피고인이 손을 빼는 피해자의 손을 당겨 성기에 닿게 한 것이 '미처 알아차 리기도 전에 순식간에 이루어진 행위가 아니라고 할지라도, 그 행위에 이르게 된 구체적인 경위를 보면 피해자가 성적 자기결정권을 충분히 행사할 수 없도록 의사에 반하는 유형력을 행사한 것이고, 아울러 객관적으로 일반인에게 성적 수치심이나 혐오감을 일으키게 하고 선량한 성적 도덕관념에 반하는 행위여서 강제추행에 해당한다.
(j) Criminal facts No. 1-d. (3) of the victim AL
(1) Defendant’s assertion
The defendant, for the purpose of sexual guidance, has been taken out by taking the victim's reputation over and out of the cage cage, but there is no fact that he puts his finger into the brush with the brush.
(2) Determination
Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by this court, the defendant recognized that the defendant committed an indecent act against the victim as stated in the crime and the defendant's intentional act is also recognized.
① 피해자는 수사기관에서부터 이 법정에 이르기까지, 피고인이 분장실로 불러 5~6줄 분량의 대사를 계속 반복하도록 하면서 브래지어 안으로 손을 넣어 가슴을 만졌다는 취지로 대체로 일관되게 진술하였다. 피해자는 피고인이 명치를 짚을 줄 알았는데 가슴을 만져 순간 '헉'하고 당황했고(증거기록 453쪽, 증인신문 녹취록 19쪽), 연습 후 피고인이 "내가 이렇게 가슴에 손을 넣었는데 너는 아무렇지도 않느냐. 너 좀 이상 하다."는 말을 하였다는 등 직접 경험하지 않고는 진술하기 어려운 세부적이고 특징적인 사항까지 진술하고 있어 허위로 꾸며 진술을 하는 것으로 보기 어렵다.
② The victim stated that physical contact was made in a video recording of the Defendant’s salivity map, which was submitted by the defense counsel, as it does not constitute an indecent act, and that the Defendant did not have the intent to put the Defendant in his/her hand in his/her clothes (No. 18,27 pages of the record of the examination of the witness). In light of the above, it is difficult to view that the victim was aware of the Defendant’s physical contact to the extent that the Defendant asserts.
③ On January 8, 2013, when the victim was indecently committed by the Defendant, the victim posted his/her text along with the Defendant’s photograph on the SNS on January 8, 2013. However, separate from “indecent conduct,” the victim made a direct statement on the victim’s statement that he/she sawd sexually committed by himself/herself. The victim’s appraisal does not seem to be natural and, on the other hand, it is difficult to reject the credibility of the victim’s statement on the ground of such circumstance.
(k) Facts constituting the crime No. 1- E against the victim BE
(1) Defendant’s assertion
The defendant does not exercise coercive force against the victim on his own, and there is no evidence about this part.
(2) Determination
Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court, the Defendant’s act constitutes indecent act by compulsion, and the intent of indecent act is also acknowledged in light of the details and method of contact and the situation before and after contact.
① Recognizing that the Defendant committed an act, such as the statement of facts constituting a crime, at an investigative agency, the Defendant stated that “I see, see, and see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see,
② A witness AI stated in an investigative agency and in this court that the defendant was able to walk the victim’s side gate and the front gate of the victim’s side gate, etc., and that the defendant was humped to the victim’s side gate. In addition, the witness AI stated in this court that the video presented by the counsel was suitable for photographing the situation at the time. In addition, after the passage of the inside time, the defendant was humped for other people to the extent that the motive male is fine for the victim and are asked several times.
③ The Defendant’s act appears to have been conducted under the pretext of informing the dynamic point while the Defendant was booming with the members at the workshop. However, even without the victim’s consent, it is difficult to recognize the reasonableness of the method by which the Defendant, who was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually offensively and goes against the good moral sense, in view of the Defendant’s statement and the circumstances at the time, it is recognized that the Defendant was aware of such circumstances.
(l) crime No. 1-f. (1) of the victim AO
(1) Defendant’s assertion
The defendant, while making an instruction by taking a stage back after the commencement of a public performance, did not perform any act identical to the facts charged, while taking the bones of brooms into custody of the victim, and did not perform any act like the facts charged.
(2) Determination
Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by this court, the defendant recognized that the defendant committed an indecent act against the victim as stated in the crime and the defendant's intentional act is also recognized.
① From the investigative agency to this court, the victim consistently stated that when the Defendant waits under approximately 15 minutes of the performance “BH” stage, the Defendant she satisddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd.
Although the defendant argues that it is impossible for the victim to remove the nub because the victim gets back a white roof within the flag pole at the time of the public performance, or temporarily fastened clothes such as a slab tower, he can not remove the nub by inserting the hand. However, even if he was suffering from the inner clothes after being temporarily fixed, it is not difficult to remove the nuba by inserting the hand and remove the nuba from the chest.
(m) Criminal facts No. 1-2 (2) of the victim AO
(1) Defendant’s assertion
The defendant is not only to have a negative mind, but also to have sexual intercoursed with the victim's end by taking the part of the victim's end with his end, and this is not an indecent act.
(2) Determination
Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly adopted and examined by this court, the defendant's indecent act is recognized as committing an indecent act like the crime, and considering the place, method and method of contact, and the situation before and after the crime is also acknowledged.
① During the process of sexual intercourse from the investigative agency to the court of law, the victim consistently stated that the defendant was only engaged in sexual intercourses by inserting his fingers into the knife after the knife. The victim suffered from the defendant two times of indecent acts (see the part of the crime No. 1-f and the part of the acquittal under paragraph (1) of this Article) and then made a detailed statement on the examination of the facts in order to protect himself. In addition, the victim could not be understood that the D members continued to have been aware of it, and rather, it was the same as the victim to think about him, and that the victim did not request others to help the victim (see the part of the crime No. 1-f and the part of the acquittal under paragraph (1) of this Article). The victim stated in detail on the examination of the facts in order to protect himself/herself, and it is judged that the credibility and credibility of the evidence record is high (the evidence record 530).
② 피고인이 연출가라고 하더라도 여자 배우의 바지 안으로 손을 넣어 팬티 위로 음부 부분을 누른 것은 객관적으로 일반인이 성적 수치심을 느낄 수 있고 피해자의 성적 자유를 침해하는 것이어서 추행에 해당하고, 피해자가 이에 대하여 명시적, 묵시,적으로 동의를 하였다고 볼 사정도 없다. 피고인은 연습을 마친 후 피해자에게 "BP, U에게 말하지 말라. 내가 의도는 나쁘지 않으나 걔들이 다르게 받아들일 수 있다."는 말을 하였는데, 피고인은 위와 같은 자신의 지도 방법에 대해 배우들이 이의를 제기해 왔고, D 단원들을 포함한 다른 사람들이 이를 연기지도로 수용하지 못하고 있었음을 인식하고 있었던 것으로 보인다.
n) Criminal facts No. 1-g. (1) for victimsN
(1) Defendant’s assertion
Although the defendant, while engaging in the victim's behavior as an ambassador, has taken the part of the victim's clothes and her chest as a shot map, he/she does not have any fact that he/she exceeded his/her clothes and her chests.
(2) Determination
In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by this court, the defendant's act of indecent act like the crime is recognized and the intention of indecent act is also recognized.
① From the investigative agency to this court, the victim consistently made a statement to the effect that the Defendant satisfe himself, satisfe sat, satisfe sat, sat, and satisf sat, and that satfe satfe sat sat. At the time, the victim stated at the investigative agency that “at the time, the Defendant satfe sat satfe sat sat satfe sat satfe sat satfe sat sat satfe sat sat sat sat sat
② From November 2010 after the occurrence of the instant case, the Defendant sent a voice from the victim and other people in front of the victim and other people: “I will leave the chest.” “I will leave the chest. I will leave the chest.” and “I will leave the chest. I will have no suck, and there will be no shot.” (The Defendant stated that there was a fact that there was a speech to the same effect as above). The Defendant merely stated that I had the shotity guidance as alleged above, and did not seem to have given the above talk.
③ In light of the above, the victim stated that the Defendant was frighten and was frighten, and was frighten, and that the Defendant was frighten of his clothes, and that the Defendant was frighten and frighted to cross the two arms that the clothes do not go off, and that he was frighten, and that he was frighted of clothes, and that he was frighten and frighted of his clothes before she went in the room (Evidence No. 934 pages). In light of this, the victim cannot be deemed to have consented to the Defendant’s act, and that the Defendant was aware of such circumstances.
(o) Criminal facts No. 1-g. (2) for a victimN
(1) Defendant’s assertion
The Defendant did not see the victim’s hand in contact with his sexual flag. The Defendant could in the process of informing the victim of the location of his blood around his sexual organ, his hand in contact with his sexual organ, but did not intentionally cause the victim to have his sexual organ known.
(2) Determination
In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by this court, the defendant's act of indecent act like the crime is recognized and the intention of indecent act is also recognized.
① The victim consistently stated to the effect that the Defendant was in the custody of the Defendant from the investigative agency to the Defendant’s house in K, with AL, and the Defendant was in the custody of the Defendant’s hand and sexual intercourse, and that the Defendant was in the custody of his sexual organ during the process of taking the custody of the sexual organ (which also acknowledges the fact that the Defendant was in the custody of the sexual organ).
② In full view of the fact that the Defendant consistently stated that the Defendant continued to take his hand around the sexual intercourse, and that considering the statements of the victim and the AL, the Defendant appears to have continued to take his hand over, it cannot be deemed that the Defendant was the victim’s grandchildren in order to inform the location of his blood, and the Defendant cannot be deemed to have consented to such an act. Rather, taking account of the fact that the Defendant was in the course of suspending the Defendant’s blood, it cannot be deemed that the Defendant was the victim’s grandchildren in order to have known the location of his blood, and that the Defendant did not have consented to such an act. Rather, the Defendant’s act of inducing the victim’s fingers around the sexual intercourse is against the victim’s will to use a tangible force against the victim’s will. In addition, the ordinary public could feel sexual humiliation and infringe on the victim’s sexual freedom.
(p) Criminal facts No. 1-g. (3) for victims N.
(1) Defendant’s assertion
From behind the victim, the defendant divided his name to the vicinity of his chests, and only carried his hand with a primary feet, and there is no her chest.
(2) Determination
According to the evidence duly adopted and examined by this court, the defendant stated that the victim "I Ra," "I Do," and "I Do," while stating that "I am, I am, I am, I am am kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't n't kn't k's k's k's k's k's k's k's k's k's k't k't k's k's k's k's k.
(1) Defendant’s assertion
피고인은 피해자에게 신체접촉을 하기 전 "메소드 지도를 하겠다."고 고지하였고 피해자도 이에 동의하여 명치부터 가슴 주변까지 눌러 발성지도를 하였을 뿐, 피해자의 유두를 빤 적은 없다.
(2) Determination
In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by this court, the defendant's act of indecent act like the crime is recognized and the intention of indecent act is also recognized.
① From the investigative agency to this court, the victim AK consistently stated that, as the Defendant used the upper part of the chest in front of the Defendant, the Defendant was only in charge of her clothes, and that, in his future, she stated in the manner that “I think that she was soon fright towards the head of her house and sound,” and that she was soon frighted. At the same time, the victim AK stated that the Defendant was frighting to the head of her house, and that she did not have any more favorable behavior against the Defendant after her act. The victim’s statement was mostly consistent with the victim and AI’s statement (Evidence 238, 119, and 3 pages of evidence record). The victim stated that she had consented to the Defendant in advance, and that she did not commit any indecent act more favorable to the Defendant after her act of resistance.
② As seen earlier, the victim consented to the physical condition of the Defendant. However, the victim did not agree on how the Defendant would meet the specific body of the Defendant at the time, and the Defendant was anticipated to talk with the above body of the clothes, unlike anticipated that he was able to talk with the Defendant, and stated that he was satisfing the chest with the clothes and satisfing the face of the Defendant (2, 16, 17 pages of the record of the examination of the witness), etc., the victim cannot be deemed to have consented to the act that satisfing the breast with the clothes above the clothes and satisfing the breast with the breast, beyond the degree that satisfing the upper part of the clothes or using the breast. The Defendant’s act was done damply beyond the expected scope, and thus constitutes an exercise of force that infringes on sexual freedom against the victim’s will.
③ Although the Defendant asserts that he would accept the Defendant’s act by way of postponement, it appears only to be the day after the Defendant took such action (Evidence Record 2217 pages) and there is no influence on the establishment of a crime (Evidence Record 2217 pages).
r) Criminal facts No. 1-h. (2) against the victim AK
(1) Defendant’s assertion
The Defendant did not act like the facts charged. The Defendant is not allowed to put his hand into his body because the performance merchant worn by the victim is closely adhered to his body. Even if it is true, the Defendant also falls under the guidance of salivity.
(2) Determination
Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly adopted and examined by this court, the defendant's act of indecent act is recognized as committing an indecent act like the crime, and the defendant's intentional act is also acknowledged considering the victim's side and method of contact and before and after the situation.
① From the investigative agency to this court, the victim consistently stated that the defendant put his hand into the AI’s primary spons, after subtracting the AI’s spons, the victim sponsed him and consistently made a statement that he was sponsed as if he were knife by inserting her hand in the face, knife, and knife his hand in his inner clothes (the 1121 pages of the evidence record, the 4 pages of the witness examination record), and the victim made a statement that he did not speak of the fact of damage by making it difficult for another person to memory his behavior after committing an indecent act in many ways, and by making it known that “W” performance would be suspended (Evidence No. 1123 of the evidence record). This appears to have been a spicked statement as his memory (the 1123 pages).
② Although it is not clear that the location and the stove of the stoves attached to the performance keeper worn by the victim at the time was locked, it is difficult to accept the assertion that the stoves were closely adhered to the body and that it is impossible to contain the stoves with the stoves and clothes with the stoves.
③ Before engaging in an indecent act, the victim expressed that the Defendant she saw the surrounding areas, and that he saw her flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly.
s) Criminal facts against the victim AI
(1) Defendant’s assertion
The Defendant did not put the fingers into the victim’s sexual organ. Since the victim had already been under mental treatment from before the occurrence of the instant case to another day, it cannot be deemed that there was a causal relationship between the instant case and the injury.
(2) Determination
Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly adopted and examined by this court, it can be sufficiently recognized that the defendant included the victim's fingers into the victim's inner part as stated in the facts constituting the crime in the judgment and included the victim's fingers and suffered injury.
(A) A similar rape
① The victim consistently made a statement to the effect that, from the investigative agency to this court, the Defendant’s scambling the Defendant’s own scam and knife the Defendant’s own scams by using his hand, and by inserting his hand. On the contrary, the Defendant asserted that the Defendant’s scambling was merely a scambling of the victim by the prosecutor’s seat, and that the Defendant did not have any scambling of the victim’s scams in light of the fact that the victim was wearing the scambling of the performer’s scams at the time when the scamscam in this court. The victim made a concrete statement of the intention that the victim suffered from the situation at the time, and that it was difficult to find the Defendant’s scamscam on the front side of each woman (AK is on the front side of the scamscam).”
② AK, which was engaged in the same practice as the victim, has made a concrete statement about the situation at the time, the intention suffered, the horses (hereinafter referred to as “the quality”) of the Defendant, location and attitude, response of the victim after the crime, etc., and the contents of the statement are consistent and most of the statements of the victim are consistent.8)
③ The Defendant asserted that it is impossible for the Defendant to put his hand in the fluorial fluorial fluorial fluorial fluorials. However, in light of the statement (AK 20 pages of the record of the examination of the witness), the shape of the fluor, and the body of the victim, the above crime is not deemed impossible. (b) The occurrence of injury and the causal link between the victim.
① After the victim suffered from the injury under Article 1-1 (a) (2) of the facts constituting the crime in the judgment, the victim made a statement that his sexual marith was the same as that of the first day of the crime in the judgment, and that he was found at the time of 'W'. The victim was committed several indecent acts from the defendant around December 2016, when 'W' practice was conducted, and the crime in the instant case was most likely to cause physical contact and damage. The victim was committed early 2017, and the victim was her husband at the time, even though her husband was the same as her husband at around March 24, 2017, the victim was her deceased (Evidence record 2218 pages), and the victim violated the victim's knife and knife at the time of the victim's second day of the second day of the death after 'self-harm by the victim'. The victim was diagnosed as the victim's knife at the time of the second day of the death.
② If the victim stated in consultation with the mental health doctor from June 21, 2017, the victim asserts that the victim’s emotional injury was unrelated to the defendant. However, the victim clearly stated that there was no mental treatment prior to the victim’s injury, and that the victim’s emotional injury was confirmed to the extent that the victim’s emotional injury was confirmed to the extent that it was confirmed that the victim’s emotional injury had not been affected by the mental treatment, and that the victim’s emotional injury was confirmed to the extent that the victim’s emotional injury had not been affected by the mental treatment, and that the victim’s emotional injury was confirmed to the extent that it was confirmed to be 10% of the patient’s mental disease, including the case on July 3, 2008 through June 21, 2017.
(D) In full view of the medical history, contents, timing, and progress of the victim as seen earlier, the victim appears to have suffered symptoms of depression and adaptation disorder due to the influence, compromise, etc. of the situation in which the victim could not be shocked and improved as a result of the occurrence of sexual rape during the period of his personal experience and the Defendant’s repeated indecent act, etc., and thus, the causal link between the Defendant’s crime and the victim’s mental illness can be acknowledged.
Furthermore, even if the two parts of the victim’s sexual learma, etc. were to have occurred regardless of the Defendant’s act before the occurrence of the instant case, it can be sufficiently assessed that the symptoms have been expanded, aggravated, or developed due to the instant crime, and thus, the causal link between the Defendant’s act and the injury of the victim cannot be deemed to be denied.
Where a judgment of conviction against a defendant who shall file for the registration and submission of personal information becomes final and conclusive, 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 is obligated to submit personal information to the competent agency
1. The grounds for sentencing: Imprisonment with prison labor for not less than five years nor more than 45 years;
2. Scope of recommendations according to the sentencing criteria;
○ A crime: A crime causing bodily injury resulting from similar rape.
[Determination of Punishment] Where the result of an injury occurs, Type 2 (General Rape) (* adult similar rape shall be included in Type 2) shall be over 13 years of age/injury.
【Special Convicted Person】
[Recommendation and Scope of Recommendation] Basic Field, 4-7 years of imprisonment
○ Second Crime: Habitual indecent act by compulsion
[Determination of Kind] In the case of continuous and repeated crimes against multiple victims, and habitual crimes of indecent acts by compulsion (persons aged 13 or older)
[Recommendation and Scope of Recommendations] Special Aggravation, Imprisonment from June to April 6
○ The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for a period of four to nine years;
○ Scope of Recommendations: Imprisonment with prison labor for five to nine years (compliance with the lower limit of applicable sentences under law)
3. Determination of sentence;
The Defendant has enjoyed a high reputation and authority through a series of writers representing the drama community in Korea, and has exercised a large influence on D’s members as well as the dramas by creating and operating a drama community called “D.” The Defendant has committed sexual indecent acts continuously and repeatedly for a long time with a member of D under his absolute influence or a member of D, who has contributed to the drama that he participated in. The victims of the instant case were members of D in order to achieve a blue to play a drama without any particular social experience, and those who thought the Defendant as a member of the Defendant and followed the direction of the Defendant. The instant crime was abused of the victims who did not have any choice to obey the instant power to achieve a significant blusium simultaneously with the Defendant’s abuse of his own power, and as a result, the Defendant did not directly criticize the victims of the instant case, such as the opportunity to feel pain and pain, and the possibility of suffering and sense of harm and sense of harm, and were not corrected.
Nevertheless, the defendant is consistent with the attitude of avoiding his responsibility, such as that his act was caused by an excessive desire for a drama with high completion or that the victims were unaware of the suffering due to their refusal, etc. Furthermore, the victims are under the influence of liability for the victims, such as the victims are suffering from an excessive desire for a drama with high completion.
However, considering the fact that the defendant has no record of criminal punishment other than once a fine, the defendant's age, character and conduct, environment, motive and circumstance of each of the crimes of this case, means and result of each of the crimes of this case, etc., the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the trial process of this case, such as the circumstances before and after
Parts of innocence
1. Part of the crime against the victim AI
A. Summary of this part of the facts charged
The Defendant, at the time and place specified in Section 1-A(1) of the facts constituting the crime in the judgment, had the victim take a massage at the time and place, and committed an indecent act against the victim by taking the victim's body into two arms due to the defect in which the victim tried to get his hand out from the surrounding sex.
B. Determination. Comprehensively taking account of the following circumstances, the evidence submitted by the prosecutor alone is insufficient to acknowledge the part of the Defendant’s indecent act by force by force by inducing the victim’s body in two arms, and there is no other evidence to acknowledge the part.
① 피해자는 수사기관에서 피고인의 가슴부위를 안마하던 중 피고인이 갑자기 양 팔로 피해자의 상체를 끌어안아 당겼다고 진술하였는데(증거기록 216쪽), 이 법정에서는 "몸으로 꽉 껴안아서 누르기도 했다는데, 증인이 누른 것인가요, 아니면 피고인이 그냥 끌어안아서 세게 안았다가 놨다 했던 것인가요."라는 검사의 질문에 "온몸을 밀착시켜서 좀 눌러봐라라고 하면, 제가 몸이 겹쳐집니다. 겹쳐졌을 때 피고인이 팔로 꽉 안는 것입니다."라고 답하였는데(증인신문 녹취록 12쪽), 피고인이 유형력을 행사하여 피해자의 몸을 끌어안았다는 것인지 피해자가 피고인의 요구에 따라 피고인의 몸 위로 겹쳐 누웠던 것인지 불분명하다.
② After the victim laid the body above the Defendant’s body, the victim stated that the Defendant 's pressured the body, which was set off within a canter, and again repeated the process of cutting off and cutting off within a canter.’ However, it is difficult to view that the victim’s “act within a canter is included in the “act to bring the victim, who had been in charge of sexual intercourses, into both arms” as stated in the facts charged.
Therefore, inasmuch as the facts charged constitute a case where there is no proof of facts constituting a crime and thus a not-guilty verdict should be made pursuant to the latter part of Article 325 of the Criminal Procedure Act, but inasmuch as it is recognized as guilty of habitual indecent act by compulsion, including Article 1-A(1) of the judgment in relation to such crime, the judgment
2. Part of the crimes against AJ
A. Summary of this part of the facts charged
(1) The Defendant, at the L Practice Center located in Mapo-gu Seoul Metropolitan Government BR on the date when the first day of 2012 is unknown, intended to offer the victim AJ to engage in salutic and respiratory practice, and committed an indecent act against the victim by assaulting the victim, including (2) the victim's salute, and (3) the victim's salute in the same L Practice Center as of the date when the first day of 2012 cannot be known, and (4) the victim's salute in the same L Practice Center as of the date when the victim's salute did not know of the first day of 2012."
B. Determination
피해자는 D 소속이 아니었는데 다른 극단에서 8년 정도 배우 생활을 하였지만 피고인과 같이 배우의 몸에 손을 대면서 하는 연기지도를 받아 본 적은 없다고 진술하였다. 피해자와 피고인의 진술을 종합하면 피고인이 "소리를 내라."고 하면서 명치와 가슴 윗부분(쇄골뼈 아래 유방이 시작되는 가슴뼈 부분)을 누르는 행동을 한 사실은 인정된다.9) 그런데 당시는 피해자를 포함한 5명 또는 3명의 여자 배우들이 함께 서서 피고인의 지도를 받으며 연습을 하는 상황이었고, 피고인은 차례로 배우들을 상대로 위와 같은 행동을 한 것인데, 피해자의 순서가 되었을 때 피해자도 별 다른 거부의사를 표시하지 않았다. 그러한 과정과 신체 접촉의 부위 및 정도를 종합하여 보면, 피해자 또한 당시에는 피고인의 위와 같은 행동을 연기지도의 방식으로 승낙한 것으로 보인다.
아울러 피고인이 제출한 동영상과 AI, AL, AS, AR, AT 등의 진술을 종합하면, 앞서 본 바와 같이 피고인은 배우들을 상대로 연기 및 발성지도를 하면서 명치와 가슴뼈 부분을 누르는 방식의 지도를 하여 왔고 그러한 정도의 신체 접촉은 D 내에서는 발성지 도로 받아들여졌으며, 피고인은 D 단원이 아닌 배우들을 상대로도 같은 방식의 발성지도를 하여 온 사실이 인정되므로, 당시 피고인에게 추행의 고의가 있었다고 인정하기도 어렵다.
Therefore, the facts charged in this part of the facts charged should be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act because there is no proof of the facts charged. However, as long as the defendant is found guilty of habitual indecent act by compulsion in the judgment in relation to such crime, the judgment of
3. Crimes against the BS;
A. Summary of this part of the facts charged
피해자 BS(여, 32세, 가명)은 2006년경부터 2018. 2.경까지 'D' 소속 배우였다. 피고인은 2014. 9. 일자를 알 수 없는 날 위 에서 'BH'이라는 작품 공연을 위해 연습 중인 피해자를 로비로 불러낸 다음 "너 같은 곰이 이런 관능적인 역할은 하기 힘들다."라고 하면서 연기지도를 빙자하여 갑자기 피해자를 끌어안고 몸을 밀착시키며 피해자의 귀에 입김을 불어 넣고 신음소리를 내면서 피해자의 귀와 볼을 핥고 피해자의 브래지어 속으로 손을 넣어 가슴을 만진 다음 피해자의 바지 속으로 손을 넣으려고 하였으나 피해자가 반항하자 피해자의 손을 잡아당겨 피고인의 성기를 위, 아래로 쓰다듬게 하는 등 폭행으로 피해자를 추행하였다.
B. Determination
The Defendant denies this part of the facts charged. The victim’s statement was not submitted as evidence in this court, and there is no other evidence that corresponds to the facts charged among the evidence submitted by the prosecutor.
Therefore, the facts charged in this part of the facts charged should be pronounced not guilty under the latter part of Article 325 of the Criminal Procedure Act because it does not constitute a case where there is no proof of criminal facts. However, inasmuch as it is found guilty of habitual indecent act by compulsion in the judgment which is related to
4. Part of the crimes with respect to BE
A. Summary of this part of the facts charged
(1) From the end of April 201 to the beginning of May 201 of the same year, the Defendant requested the victim BE to take care of his body from the Defendant’s room located within the above T, and made the victim take care of his body and contacted the victim’s sexual organ by getting the victim’s hand, and the victim’s play in contact with the victim’s sexual organ, and (2) from the end of October 2011 to the first end of the same year, the victim was able to take care of the victim’s sexual organ by getting the victim’s hand, and the victim was able to take care of the victim’s sexual organ, and the victim was able to take care of the victim’s sexual organ by getting the victim’s her sexual organ back from the victim’s body to the victim’s her sexual organ? From the victim’s room located within the above T, the victim’s 's sexual organ was 1,040,000,000,000' and 'the victim was her sexually son’.
B. Determination
Of the evidence submitted by a prosecutor, there is no evidence corresponding to the facts charged in the above (1) and (3). Regarding the above (2) part of the facts charged by a prosecutor, the defendant made a statement that seems to have acknowledged an indecent act during the prosecutor's investigation process, but "the defendant forced sexual intercourse without being in charge of sexual intercourse (2247 pages)" and the purport of asserting that the defendant's statement in an investigative agency is not an exercise of coercive force (the defense counsel's opinion on May 25, 2018) is difficult to regard it as a confession of the facts charged. In addition, the part that " was taken from a 'actation' in the AI police statement (Evidence Record 220 pages) is a professional statement, and it is not admissible as evidence because it does not meet the requirements under Article 316 (2) of the Criminal Procedure Act, and there is no evidence to acknowledge this part of the facts charged, and there is no other evidence to acknowledge it as guilty.
Therefore, the facts charged in this part of the facts charged should be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act because there is no proof of the facts charged. However, as long as the defendant is found guilty of habitual indecent act by compulsion in the judgment in relation to such crime, the judgment of
5. Part of the crimes against AO
A. Summary of this part of the facts charged
On September 2012, the Defendant, in the course of performing the drama performance in BN located within the above TN around the day on which it was impossible to know the lower day of September 2012, along with other members of the victim AO, performed the drama performance called "BH", and the head of the bH, which led the victim to dancing, did not add the bH to the bH victim, and the Defendant committed an indecent act against the victim by assaulting the victim by having the victim wear the breano in which the victim was suffering, and exposed the clothes of the victim by exposing the bH.
B. Determination. Comprehensively taking account of the statements by the Defendant, the victim, and the AR, a medical officer, etc., it is acknowledged that the victim had been exposed to the first half of the victim, who had been suffering from the victim’s clothes by having a lar-ray. However, in full view of the following facts and circumstances acknowledged by the AR’s statement, etc., the evidence submitted by the prosecutor alone is insufficient to acknowledge this part of the facts charged as an indecent act by force, and there is no other evidence to acknowledge this differently.
① At the time, the Defendant was engaged in the first practice before the Defendant, who was a person with a stage room, and the Defendant was the head where the Defendant had been engaged in the instruction as a person with a smoke, and the victim was the head where the victim’s postponed was the head where he expressed her “one’s own body while leaving the mother.” The Defendant instructed the Defendant to the end that she continued to leave her chest to the extent that she was seen.” The Defendant shall be out of the rest of the answer answer, and the her mother will be able to write down her mother until her.”
② The Defendant sent accurate guidance about the degree of clothes to the Defendant, and it appears that the body of the victim who was clothes was exposed because of the characteristics of the capno that was easily unsatisfyed. The victim also asked that “I think the Defendant had never known that the body of the victim was in mind,” and that “I had already mentioned that I would like to be ‘I would like to have known that the body of the victim was in fact? I would like to refer to ‘I would like to be ‘I would like to see that I would have already known that the body of the victim was in fact?' (A record 3 of the examination of the witness). The Defendant also asked that the Defendant “I would not see the slab tower the victim was in mind,” but it appears to the effect that I would not see that the victim was in mind of having to be in the location of the clothes, and that I would like to incur the clothes suitable for the assigned body.”
③ In light of the intent, process, and degree of the above act of the Defendant, it is difficult to view it as an indecent act by force, and it cannot be deemed that the Defendant had committed an indecent act by force.
Therefore, the facts charged in this part of the facts charged should be pronounced not guilty under the latter part of Article 325 of the Criminal Procedure Act because it does not constitute a case where there is no proof of criminal facts. However, inasmuch as it is found guilty of habitual indecent act by compulsion in the judgment which is related to
Judgment on the Request for Probation Order
1. Summary of request;
The Defendant is likely to recommit a sexual crime in light of the background, frequency, method, etc. of the crime, as stated in the facts constituting the crime.
2. Determination
A. “Risk of recommitting a sexual crime” under Article 5(1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders refers to a considerable probability that the likelihood of recommitting a sexual crime is insufficient solely with the possibility of recommitting the crime, and that the person subject to the request to attach an order to attach an electronic device may injure the legal peace by again committing a sexual crime in the future. The existence of the risk of recommitting a sexual crime shall be objectively determined by comprehensively assessing various circumstances, such as the occupation and environment of the person subject to the request to attach an electronic device, the conduct prior to the crime, the motive, means, the circumstances after the crime, the circumstances after the crime, and the situation after the crime, etc., and such determination shall be based on the time of the judgment (see, e.g., Supreme Court Decision 2010Do7410, 2010Do444, Dec. 9, 2010). The same applies to determining the risk of recommitting a
B. The following circumstances: (a) the Defendant has no record of being punished for committing sexual assault; (b) each of the instant crimes is limited to those who have a special relationship, such as having a certain influence or dependence on the Defendant as an ex officio leave; and (c) the risk of recidivism is greater than that of the Defendant’s crime committed against many unspecified persons; (d) the Defendant’s completion of a considerable period of prison life and personal information registration; and (e) the Defendant’s completion of a sexual assault treatment program seems to have a considerable effect on preventing recidivism and correcting personality and behavior; and (iv) the Defendant’s risk assessment of sexual assault offenders against Korea (KSSORAS), falls under the category of “in the middle (7:12 points)” (7:10 points), and falls under the category of “in the middle (7:24 points)” (8 points) points (7-24 points) as a result of the assessment of the risk of sexual assault offenders against the Defendant; and (e) the evidence submitted by the prosecutor is insufficient to recognize that the Defendant again committed a sexual crime in the future.
3. Conclusion
Therefore, the request for the probation order of this case is dismissed in accordance with Articles 21-8 and 9 (4) 1 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders on the ground that it is not reasonable.
Judges
The presiding judge, judges, and the Yellow Constitution
Judges Kim Gin-soo
Judges Kim Gin-young
Note tin
1) To the extent that the facts charged are recognized as identical to the facts charged and do not substantially disadvantage the defendant's exercise of his/her right to defense,
The correction and correction shall be made as above.
2) According to the statements of the victim, it is evident that the defendant gets the victim's grandchildren and changed the victim's hand to the surrounding area of the sexual flag, but the defendant's sexual flag is obvious.
에도 피해자의 손을 갖다 댔는지, '성기를 주물러 달라'고 하여 피해자가 성기를 주물렀는지는 불분명하다(증거기록 13, 441
On the other hand, the record of the examination of witness is 11 pages), the defendant also claims that the defendant is not a "sexual flag" but a "sexual flag," and it seems that there is no obstacle to the exercise of the right of defense.
shall be amended as above.
3) At the time the victim and the AL together met, and the victim stated that the time of the crime is delayed, and the AL is between 1 and 2 months.
The victim stated that his memory is not correct, but all of the two persons are not accurate. The victim is aware of the defendant every day.
While the memory is not clear, AL is not clear, two times listed in paragraphs (d) (1) and (2) of Article 1-1 of the Criminal Act, which stated that the defendant's sexual organ meets the surroundings of the defendant's sexual organ.
In light of the above, the AL's memory is more than once stated that it was only one time with the victim (Evidence No. 449, 1146).
I seem to be correct.
4) The part concerning the massage in testimony
5) In fact, BE set the issue of the Defendant’s indecent act and set aside D, and the Defendant was subject to disclosure with respect to this, but the Defendant’s indecent act was committed by the Defendant.
and later, it has continued.
6) The Defendant stated that the term “salones” refers to a part of bits, the intermediate point of sexual organ, and the term “salones” refers to the part where the bones of the Alley begins (the Defendant’s newspaper on August 17, 2018).
Record 45,46 pages)
7) The victim was aware of the method of the defendant's assertion (which prevents the entry of sound with fingers) but did not know of it.
The record of the witness examination was stated (22 pages of the record of the witness examination).
8) AK seems to have made a statement by misunderstanding some of the witness of the crime committed in K in this Court and in the Chapter Cnegative (a witness).
When the defendant took practice by suffering the originals of the stage shop immediately preceding the performance in the form of a record 2, 4 pages of the gate, Chatma, the originals from the back of the victim.
The statements on the fact that Eul and she considered the hand are consistent (Evidence Records 1120 pages, Record 4, 10, 18 pages).
9) In relation to the part (2), the victim stated in the investigative agency that he had her chestd (Evidence Records 1168 pages), but this court stated that the victim had her chestd (Evidence Records 1168 pages),
에서는 가슴을 움켜쥔 것이 아니라 누르기만 했다고 진술하였다(증인신문 녹취록 3쪽).
10) The number of previous sex offenses is described as one time (one point) and 6 points, except for those cases.