2017. Consolidated order to attach 2017.

Disclosure information on the accused shall be disclosed through an information and communications network for five years, and the notified information shall be notified during the aforesaid period.

To the person subject to the request for attachment order, an electronic tracking device shall be attached for five years.

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

【Criminal Power】

On September 25, 2015, the defendant and the person subject to the request for attachment order (hereinafter referred to as "defendants") have been sentenced to two years of imprisonment for indecent acts by force at the Seoul Central District Court on September 25, 2015, and were punished for the same crime on April 14, 2017, as well as on the completion of the execution of the sentence.

【Criminal Facts】

At around 17:20 on August 2, 2017, the Defendant discovered that the victim C (the 32-year old age) was seated in the subway 2 line that runs from the area of active service in the new village of Mapo-gu Seoul in the direction of shocking stations, and pushed down the Defendant’s bucks on the right side of the victim, and pushed down the Defendant’s bucks on the bank that was on the victim’s kne, and laid down the Defendant’s kne and down the Defendant’s kne, and then putting the Defendant’s kbbbbbs down the kbbs down, and then putting the Defendant’s kbbbs down under the back.

Accordingly, the Defendant committed an indecent act on the part of the victim.

【Fact of Grounds for Attachment】

On September 25, 2015, the Defendant was sentenced to two years of imprisonment by force at the Seoul Central District Court for the crime of indecent act by force on April 14, 2017, and again committed the instant crime after the completion of the execution of the said sentence, and the record of punishment for a sexual crime reaches seven times, and considering the same or similar method of each crime, there is a need to attach an electronic tracking device.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A criminal investigation report, and a criminal investigation report (in cases of attaching photographs of the suspect taken by the victim);

1. Previous records: Criminal records, etc. inquiry reports, investigation reports, and investigation reports (Attachment to the current status of confinement of suspects);

1. The risk of recidivism of sexual crime and recidivism in the judgment: from around seven times before the crime of this case was committed, the defendant committed an indecent act by deceiving the victims of unspecified women, such as bucks, bucks, and bucks, which are the front or rear place of the crime of this case from around seven times before the crime of this case. The defendant continued to commit an indecent act in the past, even though he was sentenced six times of the seven sexual crimes, and the execution of each punishment has not yet been completed, and the defendant had already been sentenced to an electronic tracking device attachment order of this case, and the defendant had the record of being sentenced to an electronic tracking device attachment order of this case, and was requested to a summary order as a violation of the Act on Probation and Electronic Monitoring, etc. of Specific Offenders by leaving the electronic device more than nine times during the attachment period, taking into comprehensive account various circumstances, such as the defendant's age, character and behavior, circumstances before and after the crime, etc., it is highly probable that the defendant has committed a sexual crime again in the future.

Judgment on the Defense Counsel's argument

1. Summary of the assertion

In the previous criminal case, the defendant has been recognized as a mental and physical disability as a result of a sacrife safe safe safe safe safe safe safe.

2. Determination

As a matter of principle, it is reasonable to view that a defect of nature, such as shock disorder, does not constitute a mental disorder, which is the reason for the reduction or exemption of punishment, as a matter of principle, is likely to find out for the normal person even if it was impossible to suppress one’s impulse, and thus, does not constitute a crime resulting from mental disorder (see, e.g., Supreme Court Decisions 2006Do5360, Oct. 10, 2006; 2008Do9867, Feb. 2, 26, 2009; 2008Do9867, etc.).

In the case of the Seoul Central District Court Decision 2015Da353, 2015Ma19 (Joint), the court held that the defendant's sexual impulse satisfecisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisf

The statement(16 pages) of the Defendant stated that he intentionally prepared and possessed a kacker (Evidence Record 71 pages) used at the time of the instant crime, despite being added, the Defendant was used to commit an indecent act in the previous vehicle, such as the instant crime, and even before that, the Defendant used to commit an indecent act (Evidence Record 93, 100, 103, 108 pages) in the Defendant’s 112 report (Evidence Record 93, 100, 103, 108 pages), and the Defendant was her left from the previous vehicle in the process of making the 112 report, but the victim was her right hand over, and the Defendant was moving back to the next partitions (Evidence Record 17, 34 pages of Evidence Record). In light of the aforementioned legal principles, it is difficult to view that the Defendant was able to make a statement that he did not have symptoms of sexual intercourse (Evidence Record 87 pages of Evidence Record) and the motive, method and degree of the Defendant’s act before and after the instant crime.

Therefore, the defense counsel's above assertion is not accepted.

Application of Statutes

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

Article 298 of the Criminal Act

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act (Indecent Act of Indecent Act by Compulsion at the Time of Sales),

1. proviso to Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Subject to Imposition of Orders to complete a program (this does not impose an order to complete a program on the ground that an order is issued to the accused to attach an electronic tracking device under the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders to complete a program and to complete a program separately

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; Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Grounds for sentencing under Articles 5 (1) 1, 9 (1) 3, and 9-2 (1) 3 and 9-2 (1) 4 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders subject to the issuance of an order to attach an electronic tracking device and matters to be observed;

1. The scope of applicable sentences under law: Imprisonment for one month to twenty years; and

2. Scope of recommendations according to the sentencing criteria;

(b) The first type of indecent act by compulsion (general indecent act by compulsion).

[Special Aggravations] In the case of repeated crimes of the same kind which do not fall under specific violent crimes (a repeated crimes) and habitual crimes (each aggravated element)

* Inasmuch as there are more than two special persons, the upper limit of sentence scope shall be increased to 1/2.

[Recommendation and Scope of Recommendations] Special Aggravation, Imprisonment from June to April 6

3. Determination of sentence;

The Defendant, before committing the instant crime, had been punished seven times prior to the occurrence of a sexual crime, and had been sentenced six times to the previous convictions, and had been sentenced to the final sentence of imprisonment, and had been sentenced four months or less, and had been sentenced to a repeated crime, he was forced by indecent act against the female seatd in the front line of the subway train. The nature of the instant crime is considerably good. The victim, due to the instant crime, caused a huge mental pain and a considerable sense of sexual shame, and was able to strong punishment against the Defendant, and did not take any other measures to recover the victim and recover from the damage. The Defendant was subject to severe punishment corresponding to the relevant criminal liability.

However, the facts charged are recognized and reflected by the Defendant, and the meaning of the crime against the victim was expressed, considering the circumstances favorable to the Defendant. The Defendant seems to require the mental and medical treatment of sexual intercourses as well as other factors such as the Defendant’s health condition and the Defendant’s age, character and behavior, environment, family relationship, motive and circumstance of the crime, means and result of the crime, etc., the punishment shall be determined as ordered by taking account of various sentencing conditions shown in the trial process of this case, such as the circumstances before and after the crime.

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, the defendant is subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Judges Tae-young

Judicial Chief Judge;