(a) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

(b) Quasi-rape;

C. Violation of the Illegal Check Control Act

(d) Injury caused by heavy confinement;

(e) An special injury;

(f) Counterfeitd securities events;

(g) Violation of the Act on the Regulation of Police Uniforms and Equipment;

(h) Night-time theft of buildings;

2017.Saccinal 5 (Joint Attachment Orders)

Defendant A shall be punished by imprisonment with prison labor for six years and fine for 5,000,000 won.

When Defendant A fails to pay the above fine, the above Defendant shall be confined in a workhouse for a period calculated by converting KRW 100,000 into one day.

The seized gas gun (Evidence No. 1), gas gun cases (Evidence No. 2), 1 cannon (Evidence No. 3), 1 cannon (Evidence No. 4), 1 cannon (Evidence No. 5), and 1 cannon-electric (Evidence No. 5) should be confiscated from Defendant A.

To order the defendant A to pay an amount equivalent to the above fine.

Defendant A shall be ordered to complete a sexual assault treatment program for 80 hours.

The defendant A's request for the attachment order of this case is dismissed.

[Defendant B]

Defendant B shall be punished by imprisonment for a term of two years and six months.

Defendant B shall be ordered to complete the sexual assault treatment program for 80 hours.

【Criminal Power】

Defendant B is a person who is under probation after being sentenced to one year of imprisonment with prison labor for at least six months from the time of night building intrusion, larceny, etc. in a leisure branch of the Suwon District Court on May 17, 2016 and the decision became final and conclusive on May 5, 2016.

[2017 Highest 117]

1. The Defendants’ co-principal

(a) Injury caused by heavy confinement;

1) The relationship between Defendant AP victim D

around December 2014, Defendant A living together with the victim D (the age of 34 at that time). Defendant A did not properly pay the victim’s living expenses to the pregnant victim. The victim sent birth to China around October 2015. The victim entered Korea and lived together with Defendant A around June 2016. The victim doubtful the relationship between Defendant A and the victim, who is a restaurant owner where the victim works, and exercised violence. The victim was able to ask the victim for a ruling on contact with the victim on November 1, 2017, and the victim continued to contact the victim with the victim, but the victim did not seem to be doubtful.

2) From around December 2016, Defendant A, the mother of a crime, was involved in the escape life by being designated and taken as larceny at the time of the victim’s hedge, and came to know of Defendant B, who works for the convenience store in the neighborhood, while working at the marina located in E, from around December 2016. Defendant A, who was frighted to Defendant B, the spouse of the victim D (the 36 years old at the time) who was the spouse of the Defendant B, went through singing and has winded in the singing room, was kidnapped with Defendant B, and was fright to take a retaliation against the victim by forceing the victim’s male relationship with the victim, exercising violence against the victim, and committing cruel acts. Defendant A, around January 7, 2017, had the Defendant B “the flading the horse, causing the car, requesting the driver to change the vehicle,” and Defendant B consented to this and had the Defendant detained the victim and detained the victim.

(3) Injury caused by heavy confinement by conspiracy;

Defendant B parked in front of the singing room located in Yeongdeungpo-gu Seoul Metropolitan Government on January 7, 2017, at around 18:30, 2017, the LFIK parked in front of the singing room in Yeongdeungpo-gu, Seoul, and Defendant A forced the victim to get on the back seat of the said vehicle by pushing the lower part of the victim who resisted with the defect of conversation with the victim, and by pushing the victim’s cut part of the said vehicle. The Defendant A displayed the gas gun and lock in theless electricity and gas guns prepared in advance to the victim, and shows the above situation. The Defendant A displayed the victim’s head with the above gas, and it was considered that the victim’s head was not able to refer to the victim’s truth only once,” and the Defendant A threatened the victim with the fire and continued to have the head by hand.

Defendant B driven a motor vehicle according to the direction of Defendant A and moved to “H located in G at the time of riding,” Defendant A’s face, head, and body body were repeated on the ground that the victim’s face, head, and body body is doubtful by forcing the victim to force the sexual intercourse until the victim arrives at the terminal, and the victim continues to take the face of the victim’s face by hand, repeats the sexual intercourse when the victim is able to take a part in the terminal, and then repeats the victim’s terminal when the victim is able to take part in the terminal, and then the victim’s face, head, and body body is doubtful.”

After having arrived at the above her mother, Defendant A entered the victim and entered the above her motherel 601.

Defendant B, with a Handphone of the victim so that the victim does not contact with the outside, came to know what relationship with the victim is if the victim walked by telephone without permission from the victim at the victim's nearby PC, or if the male booms off or sends letters to the victim. When Defendant B informed the victim A of the contents of the telephone or the contents of the phone, he notified the victim of his intention to commit violence and cruel acts, and notified the victim A of the contents of the phone and the contents of the phone and the contents of the phone so inform the victim A of the fact that the victim was working in the place where the victim was drinking. Defendant A was informed of the content of the phone and the contents of the phone so that the victim was sent to the victim. Defendant B continued to do so with the victim's head, body, body, and bridge with the victim's hand and the part of the bridge, and continued to feel the victim's head with the victim's head, and made the victim free of the body or out of the body of the victim.

Defendant A, due to the use of violence, took advantage of the situation where the victim was off and the victim was unsatisfyed due to the victim’s satisfying, etc., the victim’s 603 rooms and 605 rooms were moved in order, and the victim continued to commit violence, and the victim was forced to do so. Defendant B, at around January 8, 2017, took advantage of the situation where the victim was unsatisfyed, while Defendant A was satisfyed by the victim in the above 603 rooms, he was able to resist the body of the victim and resist the victim’s sexual part of the sexual part of the victim who tried to resist.

피고인 A은 2017. 1. 10. 11:32 경 감금된 피해자의 눈 부위가 시커멓게 붓고, 목, 어깨, 팔 등에 심한 타박상과 특히 머리 부위의 고통을 호소하고, 경막밑 출혈로, 인하여 구토를 하기도 하자, 비로소 피해자를 더 이상 감금하기를 포기하고 피해자를 병원에 데려갔다.

As a result, the Defendants conspired with the victim on January 7, 2017 from around 18:30 to January 11:32, 2017, and committed a cruel act, such as assault, indecent act, sexual intercourse, etc. with the victim under the custody of the victim in the said motor vehicle and the above her motherel, and thereby, thereby causing injury to the victim, such as blood transfusion, etc. under the influence of the head in need of approximately four weeks of treatment.

(b) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

At around 13:03 on January 8, 2017, Defendant A, who was detained in the above 603 room, had the victim D, who was suspected of being involved with the other male, had the other male, and thus, thought that he would be retaliationed against the other victim, Defendant A sent a text message to Defendant B, “I have the other male and sexual act in front of the view that he had the highest wind on the last day,” and Defendant B received the text message, “I have the intention to commit an indecent act against the victim jointly with the Defendants.”

On January 8, 2017, at the above 603 room around 13:30 on January 8, 2017, Defendant A forced the victim to perform a sexual act with Defendant B and forced the victim to do a sexual act on the part of the victim's chest on the ground that the victim refuses to do so, and took advantage of the situation where the victim had already been deprived of the victim, and the defendant B does not resist the victim's face in the state where the victim was unsatisfed, among the Defendant Company A’s watch, and she did so. Defendant B committed an indecent act between the victim and the victim’s finger by force, etc. on the part of the telecommunication due to repeated violence and harsh acts.

2. The sole criminal conduct of Defendant A;

(a) Violation of the Control of Illegal Check Control Act and the exercise of forged securities;

1) On January 9, 2015, Defendant A entered the name bank check as “on January 1, 2015, 2015,” and entered it as “on January 2015, 2015,” and forged one copy of the household check in the name, stating it as “o million won in the form of the check amount” on the date of issuance of the bank check, which was stolen from the bank interest station in the new bank, around January 9, 2015.

2) At around 14:00 on January 8, 2017, Defendant A issued one copy of a forged household check as if it were duly formed, and exercised it. The Defendant A issued one copy of it as described in the above 2.a.1) as if it had been actually formed.

(b) An special injury;

Defendant A, around November 12, 2016, at the Defendant’s residence located in Guro-gu Seoul Metropolitan Government, brought an injury on the victim’s head part, etc. several times by hand on the part of the victim’s head, etc., on the ground that the victim D (the age of 36) was not returned to the Defendant for drinking out and late the outside without the horses, and the victim’s buckbucks, which are dangerous goods, were fucks of the victim’s bucks, and the victim’s buckbucks, where the number of days of treatment cannot be known, were fucked.

(c) Quasi-rape;

1) On January 8, 2017, Defendant A complained of, around 2017, the victim detained in the above 603 room of the above Maurel 603, Defendant A, who left the room without any special measure, in addition to giving the victim with a strong control, left the room without any special measure, and went through the drinking again, Defendant A had sexual intercourse with the victim at one time, who was detained by assault and intimidation and was forced to resist due to a harsh act.

2) On January 9, 2017, Defendant A had sexual intercourse once with the victim who was detained in the above 605 o’s room around the o’s 605 o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’

3) On January 10, 2017, Defendant A had sexual intercourse once with the victim, who was detained in the lower 605 room on the ground of assault and intimidation, and was subject to harsh conduct, and was unable to resist.

(d) Violation of the Regulations on Police Uniforms and Equipment;

No person may wear, use, or carry any similar police equipment.

Nevertheless, around January 7, 2017, at around 18:30 on January 7, 2017, Defendant A carried iron bars, a similar police equipment, from the singingway located in Yeongdeungpo-gu Seoul Metropolitan Government F to the M Hospital located in Yeongdeungpo-gu L around January 10, 2017.

[2017Gohap342]

Defendant A worked in a remote area from around 2001 to 2008 in the victim I’s operation, and came to know that the victim stored the key to the warehouse in the office where the window was not corrected, or did not correct the entrance of the warehouse properly. From around 2014, Defendant A was aware of the fact that the victim did not correct the entrance of the warehouse. The victim used the victim’s neglect of management in the storage.

On December 14, 2014, at around 22:05, Defendant A entered the warehouse with a closed door from the victim’s remote area located in Yeongdeungpo-gu Seoul Metropolitan Area N, and went into the warehouse without correction. Defendant A stolen the victim’s possession of the remote area at the location, including three boxes in small-scale remote areas, five boxes, five boxes in remote areas, and one box in remote areas owned by the victim.

From around that time to January 9, 2015, Defendant A, along with this, stolen the property owned by the victim at night up to 7,80,000 won in total, by intrusioning on the building at night, as shown in the list of crimes in attached Form A.

Summary of Evidence

[2017 Highest 117]

1. Each legal statement of the defendant A and B

1. Polices and suspect examinations of defendants A and B by prosecutors;

1. Each police station and each prosecutor's office's statement concerning D;

1. Statement made by the police about 0;

1. Defendant B’s written statement

1. Records of seizure and the list of seizure;

1. A photograph of damage, photograph, seized material, a photograph, diagnostic document, a medical record copy, a portrait-wave image, CD, or text message photograph;

1. Investigation report (in relation to the victim-related investigation, leakage of the suspect mobile phone P contents, investigation into the relevant investigation, whether to permit the possession of the seized gas, investigation into the vehicle related to the crime, investigation into the vehicle used for the crime, identification of the details of the purchase of the locks used for the crime, investigation into the H CCTV-related investigation committed by the suspect, QV-related investigation into the suspect, confirmation of Q Work experience, hearing of the victim, submission of relevant

[2017Gohap342]

1. Defendant A’s legal statement

1. Each police suspect interrogation protocol concerning R;

1. Each police statement made to I;

1. A copy of the I;

1. The S Statement;

1. Investigation report (on-site investigation and search investigation, counterpart investigation of clients, confirmation and investigation of CCTV, etc. for crime prevention, investigation of victim's household checks, etc., and recovery of R handphones);

Judgment on the Defendants and defense counsel's assertion

1. Defendant A

A. Concerning the crime of quasi-rape

1) Summary of the assertion

The victim first speaks that the defendant's arms are "I can live well without doubt about the person's identity." The victim is naturally sexual intercourse with the defendant's upper end, and the defendant did not have sexual intercourse with the victim, but did not have the intention of quasi-rape. The defendant did not have the intention of quasi-rape.

2) Determination

In light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the victim did not properly move due to continuous assault and intimidation of the defendant at the time of sexual intercourse with the defendant, and was in a state of failing to resist the victim to the extent that he was unable to resist properly, and the defendant could sufficiently recognize the fact of sexual intercourse with the defendant and his defense counsel. Thus, this part of the defendant's assertion is rejected.

① The victim suffered sexual assault at an investigative agency in a state where she was unable to resist properly due to the continued violence of the Defendant’s head, she was faced with sexual assault in a state where she was unable to resist properly. At the time, she was faced with sexual assault on three occasions on the 2nd P.M. and 3rd P.M. and the 4th new wall.

At night, the defendant was forced to do so even though he does not refuse to do so under the influence of drinking. Even though he also talks that he does not want to have sexual intercourse, the defendant was forced to do so. The defendant was forced to have sexual intercourse. The head is too early 3th day of the Maururto, so the defendant's body is not good, and the defendant's movement to the hospital was not good. While the defendant was willing to move to the hospital, the defendant was forced to have sexual intercourse with the defendant under the influence of drinking. 4th day of the Maurtour, the defendant was forced to have sexual intercourse. 6th day after the defendant had sexual intercourse with the defendant, the defendant was forced to have sexual intercourse with the defendant, and 10 p.m., the victim's statement was made to the effect that 3th day of the Masi-si's statement was made based on the victim's experience and 4th day, and the victim's statement was made to the effect that 14th day of the Masi-si's statement again was made within Seoul.

② taking part in the Defendant’s crime of serious confinement and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Indecent Act by Compulsion) reported that the Defendant constantly assaults his face and head with the victim’s head on January 7, 2017 while living together with the victim’s head.

The sound at the vehicle alone is about 50 to 60. On January 8, 2017, when entering the telecom around 13:30, the victim's face and left arms was found to have a hole in the victim's face and left arms, and where there were several boxes in the right kne knebbbbbs. The victim was seated in the bed, but he was off, and he was off off, and he did not have any reaction to do so. The victim stated that he was off the bed, and he was able to leave the bed in the bed, so he did not seem to go ahead of it (the number 283-284, 307-308, 423 pages). This accords with the victim's statement about the content of damage.

③ On January 7, 2017, CCTV images installed outside the entrance of the Defendant and the victim were taken by the Defendant and the victim of the CCTV installed along with the entrance. On January 7, 2017, around 11:32, the Defendant and the victim of the CCTV, and around 11:32 on January 10, 2017, when the victim, who had normally gone through the her arm’s length at the time of entering the her arm’s length, came out of the her arm’s length, they contain the her face by using the her mother and the her face, and the her walk from the her arm’s length because she could not walk properly.

① The victim was diagnosed by blood under the influence of an external wound, etc., where there is no head open within about four weeks of treatment due to the crime of this case. The victim was found to have been diagnosed by blood under the influence of an external wound. The victim's 's climatic blood' means a state where a large amount of acute climatic climatic clisomes have occurred due to the depression from the inside of the climatic body surrounding the brain to the blood, or from the brain and the climatic body. Such climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic clip.

B. The crime of causing serious injury to confinement

1) Summary of the assertion

The Defendant, at the time when the Defendant was in a telecom with the victim, was in a difficult state of drinking with the victim, and had no restriction or inconvenience on the victim’s actions, such as taking a diving first, etc., and the victim was sufficiently reported or could have escaped. Therefore, the Defendant cannot be deemed to have detained the victim, and the Defendant did not have any intention to detain the victim.

2) Determination

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court, since the defendant conspired with B to put the victim into a car on January 7, 2017 and went into custody on January 10, 2016 after the commencement of the confinement act, it can sufficiently be recognized that the defendant continued the confinement by restricting the victim's freedom to act until the victim went into the above telecom. Thus, this part of the defendant and the defense counsel's assertion is rejected.

① On January 7, 2017, around 18:00, the victim: (a) opened a passenger car back seat in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu; (b) opened a passenger car string; (c) opened a tight seat; and (d) operated the vehicle and went to the her mother. B before going to the her mother, it was difficult for the Defendant to take care of whether the victim escaped or not; and (c) the Defendant was dead upon the victim’s escape. The Defendant called “I am naturally and naturally so that the other people do not see, if I am, I am to the her mother.” On the first day of going to the her motherel, the Defendant got out of the her clothes when the Defendant moved to the room. If I am out, I am off the her clothes if I am out.

During the period of detention, the victim made a statement that he/she was unable to take out or think that he/she would escape (the number of pages 314-315, 342, 539). The victim's above statement can be made reliable.

② As seen earlier, the victim appeared to have difficulty in driving on the bridge due to scam under the scam, etc., which requires a medical treatment of about four weeks with no discriminatory assault from the Defendant, and the Defendant forced the victim to engage in special indecent acts by force against the Defendant and B. In light of the content, degree, and overall circumstances of the assault and intimidation exercised by the Defendant at the time, it cannot be deemed that the victim was able to freely act during the time when she was able to go to the her mother, or that the victim was able to go out of the her mother phone according to the victim’s free will.

③ The Defendant asserts to the effect that the victim attempted to salivate the victim’s breath because of her confluence. However, the victim stated that “the victim was instructed to brutly two parts due to repeated head assault, which was difficult to move due to the fluence of the bridge, and that it would be difficult to walk out of the bridge, and that it would not be easy to walk out, and that it would not be easy to walk out (539 pages).” The CCTV image of the above burg appears not to be taken out of the victim, and the employees of the above burg were burged to 2 times since her head was cut off, but I thought that it was difficult to see that the Defendant and the victim would drink out of the 35th day of the 2017th day of the 25th day of the 2017th day of the burging statement.”

2. Defendant B

A. Summary of the assertion

The defendant, without knowing that he plans to engage in the act of confinement A, was aware of his knowledge at the scene, and was involved in the act of confinement A, and if he did not hear his speech, he may find and inflict damage on A who knows the defendant's work, but he did not necessarily commit indecent acts.

B. Determination

The following circumstances acknowledged by the evidence duly adopted and examined by the court, namely, ① on January 6, 2017, the Defendant “I am, at the same time, at the time of a day in Seoul, I am,” saying, “I am, at around 13:00 following the day when I am am am am, I am am am am while I am am am in the direction of Yeongdeungpo-gu Seoul, and I am am "I am am am am. I am am. I am am. I am. I am am. I am. I am am. I am. I do not am am. I am am. I do not am am. I am am. I do not am. I am am. I do not am. I am am. I do not am am. I do not am am. I do not have any son's son or son's am. I did not have any character of the Defendant's body.

Application of Statutes

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

○ Defendants

Articles 281(1) first sentence, 277(1), and 30 of the Criminal Act; Article 4(2) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 298 of the Criminal Act (Special Indecent Act by Compulsion)

○ Defendant A

Article 5 of the Control of Illegal Check Act (the above Article of the Check and the Imposition of Imprisonment and Fine), Articles 217, 214(1) of the Criminal Act (the use of counterfeited securities), Articles 258-2(1), 257(1) of the Criminal Act (the use of special injury), Articles 299 and 297 of the Criminal Act (the occupation of quasi-rape), Articles 12(2) and 9(3) of the Act on the Regulation of Police Uniforms and Police Equipment (the occupation of similar police equipment, the choice of imprisonment), Article 330 of the Criminal Act (the occupation of larceny of night building)

1. Aggravation for concurrent crimes;

○ Defendant A: the former part of Article 37, Article 38(1)2 and 3, and Article 50 of the Criminal Act

○ Defendant B: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Discretionary mitigation;

○ Defendant B: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2007Da15488, Apr. 2

1. Detention in a workhouse;

○ Defendant A: Articles 70(1) and 69(2) of the Criminal Act

1. Confiscation;

○ Defendant A: Article 48(1)1 of the Criminal Act

1. Order of provisional payment;

○ Defendant A: Article 6 of the Illegal Check Control Act, Article 334(1) of the Criminal Procedure Act

1. Order to complete programs;

○ Defendants: 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;

○ The Defendants: (a) comprehensively taking account of the following: (b) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (c) 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 (that there is no history of criminal punishment against sexual crimes; and (d) the Defendants’ age, occupation, and social ties, personal information registration against the Defendants and the completion of sexual assault treatment programs can only be seen as having the effect of preventing recidivism by the Defendants; and (d) there are special circumstances in which disclosure of

Registration of Personal Information

In a case where the conviction of the Defendants in the facts constituting a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the crime of quasi-rape by Defendant A becomes final and conclusive, the Defendants are subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus they are obligated to submit personal information to the competent agency pursuant to

Reasons for sentencing

1. Defendant A

(a) Scope of punishment by law: Imprisonment for three years - 45 years; and

(b) Scope of recommendations based on the sentencing criteria;

1. Basic crime: Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

[Determination of Punishment] Type 2 of the Crime of Indecent Act by Force (Indecent Act by Force, such as Indecent Act by Force, Residence by Force, etc. by Relatives) on the General Standards for Sexual Crimes (Subject to 13 or more years of age)

[Special Person] In the case of a crime of indecent act by force or special indecent act by force by force, such as a relative's intrusion upon a person by blood

[Recommendation and Scope of Recommendation] Aggravation, 4 years to 7 years of imprisonment

2) Concurrent crimes 1 and 2: Each quasi-rape.

[Determination of Punishment] General Criteria for Sex Offenses, Type 1 (General Rape)

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment for 2 years and 6 months, 5 years;

3) Application of standards for handling multiple crimes: Imprisonment from 4 years to 11 years (the imprisonment with prison labor for 7 years which is the upper limit of the scope of punishment for basic crimes), 2 years and 6 months, and 1/3 of the upper limit of the scope of punishment for concurrent crimes 1/2, and 2 years and 1/3 of the imprisonment with prison labor for 1/2 of the upper limit of the scope of punishment for concurrent crimes)

(c) Determination of sentence: Six years of imprisonment; and

[Unfavorable circumstances] The Defendant was forced to agree with the victim D who was living together with the previous female living together with the victim, but was forced to unsatisfed, and the Defendant committed serious violence and cruel acts while detained the victim with his/her clothes, and thereby getting the victim D to suffer bodily injury by getting the victim d to suffer from satisf and rape. The Defendant knowingly known that he/she had the victim B to participate in the crime by inducing him/her to participate in the crime, and carried with the victim D’s indecent act by force. In that process, the Defendant was committed a crime of larceny, such as having the victim d's child born between him/her and his/her child, but the Defendant committed a crime of robbery by taking advantage of the victim d's buckbucks and satch with his/her mouth. The Defendant did not receive a large sexual humiliation and mental injury from the victim d's satisf and had the victim receive a total amount of punishment from the victim d's satisf.

[Liet circumstances] The Defendant divided his mistake into and reflected against the remaining crimes except part of the dispute. The Defendant has no record of punishment for sexual assault crimes.

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

2. Defendant B

(a) The scope of punishment by law: Imprisonment with prison labor for one year and six months - June 22 months; and

(b) Scope of recommendations based on the sentencing criteria;

1. Basic crime: Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

[Determination of Punishment] The crimes of indecent act by force (subject to the age of 13 or more) by force on the grounds of the general standards on sexual crimes

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment for 2 years and 6 months, 5 years;

2. Concurrent crimes: Crimes of causing bodily injury resulting from heavy confinement;

[Determination of Punishment] Type 1 (Death or Injury caused by Arrest, Confinement, or Abandonment) where the result of an injury is caused by the arrest, confinement, or abandonment of a crime

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment with labor for one year to two years

3) Application of standards for handling multiple crimes: Two years to six years of imprisonment (five years of imprisonment with prison labor which is the upper limit of the scope of punishment for basic crimes plus one-half years of the upper limit of the scope of punishment for concurrent crimes);

(c) Determination of sentence: Imprisonment with prison labor for not less than two years and six months;

[M] In particular, the Defendant committed an indecent act against the victim during the period of suspension of the execution of night buildings, larceny, etc., and committed the instant crime against the victim. The Defendant committed an indecent act against the victim who was in an influorous situation and was in the absence of resistance. The Defendant committed an indecent act against the victim during a long time, and the victim was given a big sexual humiliation and mental shock. Nevertheless, the Defendant was unable to be used by the victim. The Defendant committed the instant crime during the period of suspension of the execution of the execution of night buildings, larceny, etc.

[I] The Defendant recognized the facts, thereby constituting a violation of his or her own mistake. The Defendant does not seem to have planned and executed the instant crime together with A from the beginning, or to have led to the commission of the crime, but appears to have participated in the crime by adopting a resolution at the scene of the crime. The Defendant did not directly assault or threaten the victim in the course of the instant crime. The Defendant did not have any history of having been punished as a sexual crime.

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

Judgment on the request for attachment order against Defendant A

1. A summary of the cause of the claim;

A person who is requested to attach an attachment order shall be a person who has committed two or more sexual crimes on the basis of the facts constituting a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and quasi-rape, and shall be likely to recommit a sexual crime.

2. Determination

The term “risk of recommitting a sexual crime” under Article 5(1) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders means the likelihood of recommitting a sex crime is insufficient solely on the basis of the possibility of recidivism, and there is a considerable probability that the person subject to an application to attach an order to attach an electronic device may injure the legal peace by committing a sexual crime again 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 application to attach an electronic device, the conduct prior to the relevant crime, the motive, means, circumstances after the crime, and the outline of the crime. Such determination is a assumptive judgment for the future, and shall be determined at the time of the judgment (see, e.g., Supreme Court Decision 2010Do7410, 2010Do444

The following circumstances acknowledged by the evidence duly adopted and examined by the court: ① there is no record of punishment for a sexual crime by the person subject to the request for the attachment order; ② The degree of risk of recidivism by the evaluation conducted by the Korea Internet sexual offender risk assessment conducted by the person subject to the request for the attachment order as to the person subject to the request for the attachment order; ② the level of risk of recidivism by the evaluation conducted by the Korea Internet sexual offender risk assessment conducted by the person subject to the request for the attachment order, falls under the lower level of the relevant section (13 to 29 points); but the degree of risk of recidivism by the evaluation conducted by the diagnosis conducted by the mental diagnosis apparatus (PCL-R); ③ The degree of risk of recidivism by the qualitative character of the mental disorder falls under the intermediate level; ③ The sexual crime of this case is committed against the victim living together with the previous female, and it is difficult for the person subject to the request for the attachment order to conclude that the sexual crime of this case was committed in the future by the prosecutor.

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

Judge Jin-hun

Judges Park Jong-chul

2) hereinafter referred to as "the number".