Disclosure of information on the accused shall be made public through an information and communications network for ten years.

The notice information to the defendant shall be notified for a period of ten years.

On November 24, 2010, the Defendant was sentenced to four months of imprisonment for fraud at the Seoul Northern District Court (Seoul Northern District Court).

2. 13. The execution of the above punishment in Seongdong-gu District shall be terminated, and February 9, 2012 shall be caused by fraud, etc. in the same court;

on February 17, 2012, one year of imprisonment and a fine of 2.5 million won were sentenced to the above judgment.

On June 9, 2011, 201: around 40: 40, the Defendant’s ○○

When the victim demands the payment of the drinking value from the beer in the case of the beer, the victim with a single hand.

I show the attitude that I think that I would like to see his name and her name, and that I would like to see Macer's disease into her head's status.

(1) After suppressing the resistance of the person of this year, the term "gold Dog and gold Dog" is referred to as "in the case of a victim" and "in the case of

The gold bars and gold swelves shall deduction one another and shall continue to be “swelve, flive, and panty,”

at least one defect, she exceeded the clothes of the victim and tried to rape the victim.

b. The victim goes off from the position of "a defect" and "a defect that complies with sex relations".

There was an attempted attempt to flee in the state and have not been achieved.

Summary of Evidence

1. Each legal statement of ○○○○, a witness;

1. Investigation report (In case of failure to seize damaged articles);

1. On-site photographs;

1. Before judgment: Criminal records, US records, results of confirmation, and confirmation at the expiration of the term of punishment;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 342 and 399 (Selection of Imprisonment)

1. Aggravation for repeated crimes;

Articles 35 and proviso of Article 42 of the Criminal Act (as there is a previous conviction on February 13, 201, for which the execution of punishment has been completed)

1. Statutory mitigation;

Articles 25(2) and 55(1)3 (Attempted Crime) of the Criminal Act

1. Handling concurrent crimes;

The latter part of Articles 37 and 39(1) of the Criminal Act (the crime of attempted robbery and rape) (the crime of attempted robbery and the crime of attempted rape)

The crimes of flag, etc. among others)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing)

1. An order for disclosure;

Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. An order to notify;

Article 41 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Judgment on the argument of the defendant and defense counsel

The defendant and his defense counsel shall give the victim a force on the victim's counter-spawn and spawn or the victim.

Recognizing that rape has not been raped.

The victim, i.e., the following circumstances that may be admitted by the evidence mentioned above:

From investigative agency to this court, "Defendant on June 8, 2011" means operation of the victim around 00:0

beer with the Defendant to make the beer after being served as a customer by making a coffee to be a customer.

를 마시며 대화를 나눴다 . 피고인에게 술값을 계산하라고 한 후 손님이 없는 쪽 불을

The defendant has sleeped one door, and the defendant has slicked on one hand and slicked another.

The victim's timber is placed on the wall by putting the victim's timber on the wall so as to be close to the chair, and the victim's she shall be removed from the wall.

Does and Bans shall be deducted from the deceased, and the decision shall be made in favor of the deceased. They shall continue to be so that the defendant's sex relationship is defective and correct.

As long as there is a defect due to narrow problem, the defendant is in front of the other one.

Recognizing that it is intended to get off and back persons, and that the person escaped or went out of the place as it is, is consistent.

The victim's above statement is very concrete and does not actually experience.

the victim may make a false statement, and the victim may make a false statement; or

It is difficult to find a motive, and the victim goes out of the place without putting off both panty and panty.

Comprehensively taking account of the fact that the defendant requested assistance, the defendant took a bar from the victim and spawn.

Inasmuch as it may be recognized that the following victim was raped but attempted to commit an attempted rape, the defendant and defense

The above assertion by the person cannot be accepted.

Reasons for sentencing

The crime of this case is the property of the victim who drinks alcohol at the business place operated by the victim.

The fact that it is very serious that the victim attempted to rape after his taking advantage of his force and the nature of the crime was committed; and

that the perpetrator would be deemed to have suffered considerable mental impulses due to the instant crime, and damage

The defendant committed the crime of this case during the period of repeated crime and that the defendant committed the crime of this case.

Considering the above, it is necessary to strictly punish the defendant.

However, the fact that rape crimes are committed in an attempted crime, and the amount of damage caused by robbery is not high, and the damaged goods are not damaged.

The fact that all these have been returned, that the defendant does not have the same criminal record, and that the defendant has already become final and conclusive;

Where punishment is imposed concurrently with fraud, etc., the equality of punishment to be imposed shall be considered.

It shall be sentenced as ordered in consideration of the age, character, conduct and environment of the defendant, circumstances after the crime, etc.

The matters shall be determined.

Registration of Personal Information

Where a conviction is finalized on the facts of the crime of this case against the defendant, the defendant

A person subject to registration of personal information under Article 32 (1) of the Act on Special Cases concerning the Punishment, etc. of Violence Crimes

have the duty to submit personal information to the competent agency pursuant to Article 33 of the same Act.

§ 2(1) of the Act on Special Cases Concerning the Punishment, etc. of Specific Economic Crimes (hereinafter referred to as the "Act") registers personal information or registers personal information.

Robbery No. 4, defining a crime constituting a sexual crime subject to an order to disclose disclosure

Article 339 of the Criminal Act provides for the applicable provisions to the crime of attempted robbery and rape.

Article 342 of the Criminal Code does not explicitly stipulate Article 342 of the Criminal Code. However, criminal code is interpreted in the language and text of criminal law.

Therefore, strict interpretation shall be applied to the defendant, and excessively expanded interpretation shall be disadvantageous to the defendant.

Although it may not be analogically or analogically interpreted, the ordinary meaning of legal words in the interpretation of penal provisions.

Unless it deviates from the United States, objective and purpose of the law, legislative history, etc. shall be taken into account.

It does not exclude the interpretation (Supreme Court Decision 2001Do2819 Delivered on February 21, 2002). It is all others delivered on February 21, 2002

Council Decision, Supreme Court Decision 201Do9253, 201Do152 Decided September 29, 201, etc.) 1

§ 32, 33, 37, 38, 41, or 42 of the breadth Act shall be registered and entered.

The purpose of introducing the open notification system is to sex offenses in light of the high recidivism rate of sex offenders.

Disclosure and notification of personal information on a person to prevent a sex offense in advance, and the same shall apply to such person.

The legislative purpose of Article 2 of the Sexual Exposure Act and the sex prescribed by the Criminal Code and the Sexual Exposure Act, excluding the attempted robbery and rape

not only a crime but also a crime subject to aggravated punishment by other laws.

In light of the circumstances, etc. prescribed as a sexual crime, the crime of robbery and rape shall be sexually restricted under law.

There seems to be no reason to exclude the crime of robbery from the crime of robbery, and ② the crime of attempted robbery

Robbery or the crime of attempted robbery and the crime of attempted rape, which is a combination of robbery under Article 2(1)3 of the Sexual Exposure Act

Since the crime of rape, which constitutes part of an attempted crime, is defined as a sexual crime, robbery;

Even if the crime of attempted rape is interpreted to be a sexual crime under the law, it shall be deemed possible under the law.

Exceptions to the crime of attempted robbery and rape that does not appear to have led to the formation of a law that deviates from the United States;

Unless expressly provided for in Article 2(1) of the Act, it constitutes sexual crimes.

unless an order to register, disclose, or notify personal information is issued by interpreting that information is not subject to

Crimes of indecent act by compulsion, rape, etc., which are more and less severe than those of attempted rape, are also applicable to such crimes.

In full view of the fact that it is deemed unreasonable in light of the fact that it is defined as a calendar crime, robbery and rape

It is reasonable to see that the crime also constitutes a sexual crime under the Sexual Exposure Act

However, as seen earlier, Article 342 of the Criminal Act applicable to attempted robbery and rape in the sexual crime group (C)

only an attempted crime of section 339) is omitted in the course of legislation. It is simple technical in the course of legislation

The legislative body that enacted the law can be seen as a practical way, but the legislative body that enacted the law will be an example in enacting the law.

If it is intended to enact a legislation by means of a non-listed method, it shall be prudent and shall be repeated to omit the provisions.

the law should be enacted properly, and therefore, the articles which are omitted at present by the legislative body.

by inserting an amendment to the law so that unnecessary controversy in the process of statutory interpretation and application can be settled.

this section does not require multilateral services.

Judges Park Jin-young

Judges fixed-type

Article 2 (Definition of Act on the Protection of Children and Juveniles against Sexual Abuse)

2. The term "sex offenses against children or juveniles" means any of the following offenses:

(c) A crime under any provision of Articles 297 through 301, 301-2, 302, 303, 305, and 339 of the Criminal Act against children or juveniles;

2) In the Seoul High Court case No. 2011No2482, the said court deemed that the crime of attempted robbery and rape constituted a sexual crime under the Act on Special Cases Concerning the Establishment of Sexual Crimes on November 10, 201.

An order to disclose or notify the Defendant, and the Defendant appealed by Supreme Court Decision 201Do1600, but January 27, 2012, the dismissal of the appeal was dismissed, and the above provision was dismissed.

The judgment of the court became final and conclusive.