(combined), 2018 Gohap203 (Joint)

Rape, Violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., and Enforcement Decree

Dogradation, fraud (Partially recognized crime-based computer, etc. fraud), public conflict, heavy confinement;

Confinement, Violation of the Road Traffic Act (Unlicensed Driving), Theft, Special Intimidation, Children and Juveniles

Act on the Protection of Children and Juveniles against Sexual Abuse, and Act on the Protection of Children and Juveniles against Sexual Abuse

Rape (Rape)

[Defendant-Appellee] Defendant 1 and 3 others

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

The public 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 (However, the target crime shall be limited to the crimes against rape in the judgment of the court and against the Act on the Protection of Children and Juveniles against

The defendant shall order the employment restrictions to institutions, etc. related to children and juveniles for five years.

One searched (No. 3768 of the pressure of Seoul Central District Prosecutors' Office, No. 3768 of the year 2017) and two fingers (No. 46 of the same proof) shall be confiscated.

1,000,000 won shall be additionally collected from the defendant.

One seized crowdfunding trademark (saba trademark) (No. 4495 No. 1 of the Seoul Central District Prosecutors' Office 2017) shall be returned to the victim B.

Of the facts charged in the instant case, the charge of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be acquitted. The summary of the aforementioned acquittal in the judgment shall be published.

On September 3, 2015, the Defendant was sentenced to three years of imprisonment with prison labor and six months in the Changwon District Court on November 26, 2015, and the judgment became final and conclusive on November 26, 2015. On March 23, 2016, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for larceny in the Busan District Court’s Dong Branch Branch, and on March 31, 2016, the judgment became final and conclusive.

“2017Gohap712

1. Commercial inducement;

(a) An offense against the victim C (V, 20 years old);

피고인은 피해자를 속이거나 겁을 주어 휴대전화를 개통하게 하고 대출을 받게 한 후 그 휴대전화 판매대금과 대출금을 가로챌 목적으로 2017. 4, 21. 13:30경 수원시 권선구 효원로 270에 있는 지하철 분당선 수원시청역 앞에서 휴대전화 애플리케이션 'D'을 통해 피고인과 성매매(이른바 '조건만남')를 하기 위해 나온 피해자에게 인터넷 쇼핑몰에서 미리 구입해둔 수갑을 보여주면서 "내 이름은 E다. 나의 작은 아버지가 경찰 관인데, 나는 경찰관들을 대행하여 너 같이 조건만남 성매매를 하는 여성들을 잡아서 경찰에서 넘겨주고 30만 원씩 받는 사람이다. 너는 성매매로 수배가 되어 있다. 하지만 너는 내가 아는 동생과 많이 닮았으니 도움을 주겠다. 이미 경찰이 깔려 있으니 경찰에 잡히지 않으려면 집에 가지 말고 나와 함께 다니면서 휴대전화 기록을 삭제하고 휴대전화를 새로 개통하여야 하며 금융자료를 없애야 한다"라고 거짓말하여 이에 속은 피해자로 하여금 피고인과 함께 위 일시경부터 2017. 6. 16.경까지 서울, 수원, 용인, 울산 등 전국 각지를 돌아다니면서 아래 제4의 가항과 같이 휴대전화를 개통하게 하고 대출을 받도록 하였다.

Accordingly, the defendant induced the victim for profit-making purpose.

(b) A crime against victim F (n, 21 years old);

피고인은 위 제1의 가항 기재 C의 사촌인 피해자를 속이거나 겁을 주어 은행 예금을 인출하게 하고 대출을 받게 한 후 그 예금과 대출금을 가로챌 목적으로 2017. 5. 1. 점심시간 무렵 세종시 G아파트에서 C과 함께 피해자를 만나 "나의 작은 아버지가 경찰관인데, 나는 경찰관들을 대행하여 너 같은 조건만남 성매매를 하는 여성들을 잡아서 경찰에서 넘겨주고 30만 원씩 받는 사람이다. C와 함께 너도 성매매로 수배가 되어 있는데, 내가 도와주겠다. 이미 경찰이 깔려 있으니 경찰에 잡히지 않으려면 집에 가지 말고 나와 함께 다니면서 휴대전화 기록을 삭제하고 휴대전화를 새로 개통하여야 하며 금융자료를 없애야 한다"라고 거짓말하여 이에 속은 피해자로 하여금 피고인과 함께 위 일시경부터 2017. 5. 26.경까지 서울, 수원, 용인, 강원도 등 전국 각지를 돌아다니면서 아래 제4의 나항과 같이 예금을 인출하게 하고 대출을 받도록 하였다. 이로써 피고인은 영리의 목적으로 피해자를 유인하였다.

2. Gross confinement and rape with victims C;

On April 4, 2017, 201:30, the Defendant: (a) inducedd the victim, such as the subway frequency No. 1, prior to the subway frequency 270, which was located in Suwon-si, Suwon-si, Suwon-si; (b) and then, (c) induced the victim, “I am in China, and there is only human trafficking.” On the part of the police where I am in Ha Ha Ha Ha Ha Ha Ha Ha, where I Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha. I am Ha Ha, the police did not think of the escape; and (d) I am away from the police station, I am off the victim’s body from the point of time to June 16, 2017, I see that the Defendant did not know about the victim’s body, and did not know about the victim’s body and Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha k.

3. Confinement of victims to the F;

On May 1, 2017, the Defendant: (a) inducedd the victim as referred to in paragraph (1)(b) of the above paragraph in Sejong G apartment at Sejong City around May 1, 2017; and (b) returned to the victim all the country, including Seoul, Suwon, Mangwon, and Mangsan, who sold the letter. Upon the help of Hempha, the Defendant may take the hpha in advance of the police. The Defendant: (b) told the victim, “I would like to flee; (c) I would like to take away from the police; (d) I would like to take the hpha; and (d) “I would like to take away from the police; (d) I would have the victim give up his idea of escape; and (e) had the victim go to the police from May 26, 2017 to May 26, 2017. The Defendant detained the victim. Accordingly, the Defendant detained the victim.

4. Magion;

(a) Crimes against victims C;

Defendant,

(1) On April 22, 2017, at the I agency, where it is difficult to know the trade name in Gyeonggi-si around the A.M., the victim’s “p. o.b. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o.

(2) On May 2017, 2017, at the PC room where the trade name in Guro-gu Seoul Metropolitan Government is unknown on the date on which the first police officer cannot know the date, the victim must live for two (2) years in the PC room.

In order to eliminate the details of the passbook from the police, it is necessary to delete the contents of the passbook, and in order to erase the contents of the passbook, there is a lot of money if the passbook is deleted. The victim refused it under his name, and the victim expressed that he would be "to obtain a loan", and would not comply with the defendant's request by taking the victim's bath and taking the victim's bath to the victim, and if the victim did not comply with the defendant's request by the method of giving the victim's bath, as the victim's body would be harmed, and as the victim's body could not be exposed to the same day, J bank up to the Internet, 7 million won from K bank, and 2 million won from K deducted from the victim.

(3) On May 2017, in a mobile phone agency where it is difficult to know the trade name at the home country from the day when the end of the day is unknown, the victim called "to delete the cell phone record and to open the cell phone to the police," and asked the victim "to open the cell phone again............................, there is doubt that the victim is attempting to open the cell phone continuously?......, if the defendant did not comply with the defendant's request, the victim could not receive the defendant's help, and if the police is arrested, the victim threatened the victim to open the cell phone of 7,00,000 won at the city, and then, the victim took one mobile phone from the victim, and the victim took the above mobile phone of 3 million won by threatening the victim over three times.

(b) Crimes against victim F;

Defendant,

(1) Around May 1, 2017, at Sejong-si G apartment, entices the victim as referred to in paragraph 1(b) of the above paragraph, and takes the vehicle, and then, the victim “packs the victim.” If the victim does not want to take it into the police, the details of the bank must be crossed off. The driver’s cell phone withdrawals all the money in the passbook and sets off to the police. And the driver’s cell phone call called “I will return back later.” The victim refuses it, and the victim refuses it, and if the victim refuses it, the victim’s body would be harmed and the victim’s body could not be seen if the victim could not know about the same day, the victim could not take it back from the automatic cash withdrawal machine of a corporate bank, and then the victim’s cell phone type could not be known, and then the victim’s cell price and mobile phone type could not be deducted from the market price.

(2) On May 11, 2017, when the time is unknown, a company bank, etc. branch located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, a company bank, etc. branch made the victim threaten to withdraw KRW 300,000 from the victim, using the method referred to in subparagraph 4-b (1) of the above Article 4-2 at a company bank, etc. branch located in Yeongdeungpo-gu, Seoul, a company bank, etc. branch, and let the victim take the above KRW 300,000,000,000 from the victim, and (3) when the time is unknown on May 11, 2017, the victim threatened the victim by the method referred to in subparagraph 4-b (1) at the Ma Bank N branch located in Masung, and then let the victim withdraw KRW 300,000,000,000 from the victim.

(4) On May 12, 2017, when it is unknown on May 12, 2017, a P Bank 0 located at the border seat of the P Bank located at Cheongju-si in the same manner as Paragraph 4-b. (1) and made the victim threaten-gu in intimidation and let the victim withdraw KRW 300,000,000,000 from the victim, and take the above 300,000 won from the victim;

(5) On May 2017, at a place where it is difficult to know the date on which a police officer cannot know, the victim made the victim take a surety loan of 2 million won through the Internet, using the method as referred to in Article 4-2(b)(1) of the above Act, and then let the victim take a 2 million won of the above 2 million won of the 2 million won of the 200 million won of the 200 million won of the 200 million won of the 200 million won of the 200 million won of the 200 million won of the 200 million won of the 200 million won of the 200 million won of the 2017, and the defendant made the victim take a 970,000 won of the 2 million won of the 200 million won of the 200 million won of the 1960,000 won of the 197 of the 2017.

5. Violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. against Victims F.

When the date of May 2017 is unknown to the defendant, at a place where the victim cannot be identified, "C andp have already been allowed to get back to the police station," and "On the face of customers who are going to engage in sexual traffic while working at a sexual traffic business establishment and affixing pictures containing money, it may not be punished." The defendant asked "When she is affixed a photograph at a sexual traffic business establishment, it shall not be sent to the police officer." The defendant asked "When the victim photographs the end-of-day customer sexual traffic business establishment, it is difficult for the police officer to go up to the face?" The defendant asked "If the victim photographs the end-of-day customer sexual traffic business?" The defendant asked "It is difficult for the victim to go up to the police station," and "if the victim photographs the sexual traffic business of the male passenger who completed sexual traffic business, the victim may escape from the police station, and even if the victim is found to have a female police officer, the defendant could not be aware of the victim's right to receive the sexual traffic from the male victim's business establishment.

6. Fraud;

Around 13:30 on June 10, 2017, the Defendant: (a) made a false statement as to whether the Defendant would pay the rent to the victim T, the owner of the said establishment, and (b) requested U LFS to pay the rent; (c) however, the Defendant did not intend to pay the rent because he did not think that the said car would have been returned to the said “S” while leaving the said car to the said “S”. Accordingly, the Defendant, by deceiving the victim, obtained pecuniary benefits equivalent to 25,000 won of the rent, by being provided by the victim with the service equivalent to the said amount.

7. Violation of the Road Traffic Act;

Without a driver’s license, the Defendant

A. On March 25, 2017, a person driving a UF office or other car at a place where it is impossible to find out from the W root road in Eunpyeong-gu Seoul, Seoul to the end of the Daegu-gu, not more than the end of the end of the X-gu, Seoul.

B. On April 22, 2017, when the time is unknown, a UFna-type car is driving a distance from the GFna-type 1486 to the roads near the GY located in Mapo-gu Seoul Metropolitan Government, using a distance from the GFna-type 1486 to the roads near the GY located in Mapo-gu. On June 9, 2017, when the time is unknown, a vehicle driving a AB K5-type car at a distance from the AA parking lot near the AB parking lot where the trade name cannot be known at a place where it is unknown from the KB-type 1 to the GG-type 1486 to the near the GG-type Y.

As a result, the Defendant driven a motor vehicle on three occasions without a driver’s license.

1. Fraud;

(a) Crimes against AC by the victim;

On February 28, 2016, the Defendant made a false statement to the effect that “The Defendant would sell AE in Suwon-si AD” to the victim within the “AE” located in Suwon-si, Suwon-si.

However, the mobile phone that the defendant intended to sell was acquired by deceiving AF.

As such, the Defendant, by deceiving the victim, received 660,00 won from the victim to the AG Association account in the name of the Defendant with the mobile phone purchase money on the same day.

(b) Each crime committed against victims AH and AI;

On July 31, 2016, the Defendant posted a false job offer advertisement to recruit security guards through AJ on July 201, 2016, and then examined the victims' contact and interview. At around 08:00 on the following day, the Defendant met at AM convenience stores near AL middle school sentiments in AK at Silung-si.

At around 08:00 on August 1, 2016, the Defendant rendered a false statement to the victims of AM convenience stores near the AL Middle School (hereinafter “ALS”) that “at the time of entry into the guard company, the Defendant will provide the victims with a stop, vehicle, etc., to change the name of the juristic person. When an individual opens a mobile phone, it is necessary to provide a certificate of completion, and the mobile phone will also be registered in the name of the juristic person while performing the work. The vehicle is in the maintenance office due to the present breakdown, the Defendant made a false statement to the effect that “I will promptly handle the vehicle by driving a siren vehicle in Busan, on board it.”

However, since the defendant did not operate the security company, he did not have the intention or ability to employ the victims in the security company, and disposed of the mobile phone from the victims, and used them for the cost of living or for personal use by the victims.

As such, the Defendant, by deceiving the victims, received 2,200,000 Aphone 6S flus in the name of the victims on the same day from the victims, and acquired the pecuniary benefits of 90,000 won per day by using a passenger car borrowed from the victim AH for one day on condition that the victim AH pays 90,000 won per day.

(c) Crimes against AO by victims;

On March 13, 2017, the Defendant made a false statement to the effect that “The Defendant would introduce cosmetics part-time appliances to the victim at AP mobile phone stores located in AP at AP at AP at AP at the time of Mapopopo City on March 17:30, 2017.” The Defendant made a false statement to the effect that “The Defendant would pay for the part-time fee if he/she opens his/her mobile phone, and would pay for the part-time mobile phone along with the stolen goods to be paid by the cosmetics company.”

However, even if the defendant received from the victim's cell phone transfer, the defendant did not have the intent or ability to introduce cosmetics to the victim, or to pay the mobile phone fees instead of the victim's cell phone fees, and it was thought that the defendant sold the above cell phone and used it for living expenses.

The Defendant, by deceiving the victim as such, had the victim open one cell phone of 1,152,80 won in the name of the victim at the same time, and received one mobile phone of 1,152,800 won from the victim.

(d) Crimes against AR;

At around 19:40 on March 13, 2017, the Defendant made a false statement to the effect that “I would sell opphone 7 flus used by the Defendant to sell opphone 7 flus to the Defendant” to the victim in the AU Hall located in the AS Building AT in Gulg City.

However, the mobile phone that the defendant intended to sell was acquired by deceiving AO as in paragraph 1(c) above.

As such, the Defendant was paid 720,000 won out of the mobile phone purchase price from the victim’s vehicle established in the AW Hospital parking lot in the AW Hospital on the same day from the victim who deceivings the victim as such and belongs thereto.

(e) Crimes against victim AX;

On April 17, 2017, the defendant made it possible for the victim to obtain a loan as security by using the cell phone ‘D', and made the victim prepare a certificate of personal seal impression for sale, a certified copy of resident registration, etc.

On April 18, 2017, the Defendant made a loan to a lending company employee who is unable to know his/her name with the victim in the Suwon-si Park near the Suwon-si Park, which was located in Suwon-si, to get the victim a loan of KRW 4.5 million from a credit service company as security, and then to get the victim a loan of KRW 10 million from a credit service company. The Defendant made a false statement that he/she would return the 4.5 million won which was loaned as security to a vehicle with an additional loan and recover the vehicle within one to two hours.

However, in fact, the defendant did not have the intention or ability to obtain additional loans of KRW 10 million from the lending company in the name of the victim.

As such, the Defendant, by deceiving the victim, received the above loans of KRW 4.5 million from the victim, and made a telephone conversation with the employees of the lending company, and obtained the above money by means of escape.

2. Violation of the Road Traffic Act;

(a) A crime committed on August 1, 2016;

On August 1, 2016, at around 18:19, the Defendant driven a NK-5 car without a car driver’s license in an unclaimed section from the roads located in Ansan-dong 1734-1 to 23:18 of the same day to the roads located in the same Sinsan-si, the same Singu, Sinung-dong, Sinung-dong, the same Sinung-dong, the same Singu, and the same Sindo-dong.

(b) The crime committed on August 2, 2016;

On August 2, 2016, from around 02:07 to around 20:32 of the same day, the Defendant driven an N 5-car without the driver's license from the roads located in Ansan-si's 1539-6, Ansan-si, Singu, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si, Sinyang-si, Sinyang-si, Annyang-si, Ansan-si, Ansan-si, Seoul-si, Seocho-gu, Gangnam-gu, the Seocho-gu distribution Dong in the same city, the Seocho-gu distribution Dong in the same city, Guang-si, Guang-si, Sin-si, Sin-si, Sin-si, and the Yakdong-dong, etc. of the same city without the driver's license.

At around 22:00 on March 3, 2017, the Defendant knew that the victim had cash to purchase a heavy vehicle while drinking alcohol with the 'AZ located in AY in Gwangju City', the Defendant, while drinking alcohol with the 'BAY', provided that "if he/she temporarily lends the money, he/she will present and return the money to women who drink in the vehicle for Y, i.e., he/she will return it again." The Defendant received cash of 5 million won (100 Won KRW 50,000) from the victim, and then, the Defendant stolen it by referring the cash of 5 million won owned by the victim between the smoking room to smoke in order to avoid tobacco."

1. Commercial inducement and confinement;

The defendant puts up a letter 3rd to 4 times to see a sexual relationship through smartphone Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do.", the defendant's act of threatening women who had contact with them to open their cell phones in their name and delivered them to them.

Accordingly, at around 21:30 on June 13, 2017, the Defendant puts the above language into the “ smartphone hosting Doctrine D” in front of the BC high school located in Gangnam-gu Seoul, Seoul, and makes contact to the Defendant, and “in 23 years of age, the inside name is BE.” The Defendant is a small father who is a police officer, and is going to engage in commercial sex acts such as width, and is able to receive working loans and control information on large phone sales. However, the Defendant is able to assist the police in getting out of the police without getting out of the police station. The Defendant already frighted out of the police station, which is going through the police station, and 48 hours at the police station, and gather the victim’s cell phone, and gather it out of Jongno-gu, Seoul, 16 hours at night, and 16 hours out of Jongno-gu, 20 hours out of the victim’s cell phone, and 16 days out of Jongno-gu.”

Accordingly, the defendant inducedd the victim for profit, and detained the victim.

2. Suppression;

From June 13, 2017 to June 15, 2017, the Defendant: (a) as indicated in paragraph (1) of the same Article, the victim’s “ponners are running away from the police as commercial sex acts; and (b) in order to delete the details of the use of the mobile phone, it is necessary to immediately turn off all of the mobile phones and open the mobile phone under four names; (c) in order to eliminate the details of the use of the mobile phone, it is possible to escape the tracking of the police; and (d) in the future, the victim c on June 14, 2017; and (d) in an agent of the mobile operator in which it is impossible to identify the trade name located in the Seoul Jongno-gu University University, Jongno-gu, Seoul; (d) the Defendant received two mobile phones of 700,720 won from the mobile phone; and (e) the Defendant received the mobile phone from the mobile operator’s agent 2198,720 won from the victim’s mobile phone per 15.

2017 Highest 1126

1. Fraud;

(a) Crimes committed on February 26, 2016, 11:00;

At around 11:00 on February 26, 2016, the Defendant made a false statement to the effect that the Defendant would change the name of the corporation later if he/she transferred to a victim AF by opening one cell phone, which is to be used in a light company, within the mobile phone store.

However, even if the defendant received the cell phone from the victim, he did not have the intention or ability to change the name of the corporation.

The Defendant, as such, by deceiving the victim, received from the victim one million won a mobile phone of one million won or more from the victim.

(b) Crimes committed on February 26, 2016 at around 20:00;

On February 26, 2016, at around 20:00, the Defendant made a false statement to the effect that “If the Defendant transferred one cell phone to a victim AF, it is necessary to use the cell phone to use it in the bordering company, it will later change the name of the corporation.”

However, even if the defendant received the cell phone from the victim, he did not have the intention or ability to change the name of the corporation.

As such, the Defendant, by deceiving the victim, received one of the gallonies equivalent to one million won from the victim (S6 mobile phone2).

2. Special intimidation.

The Defendant, from around 01:00 on February 29, 2016 to around 03:00 on the same day, at a main point where it is impossible to know the trade name located near the BG University, the Defendant, while drinking alcohol together with AF-friendly victim BH (18 years of age), B, etc., and divided conversations with regard to entertainment security, and the victim was bread and bread, under the influence of alcohol, and was under the influence of alcohol, and thereby, she was fluencing and booming against her.e., the victim., a dangerous object kh?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h?h??h?h?h?h?h?h?, the Defendant threatened the victim by

3. Violation of the Road Traffic Act;

On February 29, 2016, around 03:40 on February 29, 2016, the Defendant driven the BKM3 car without a car driver’s license in the section of approximately 1.1km from the alleys adjacent to the Busan Shipping Daegu BI hotel to the same Gu BJ hotel parking lot.

4. Larceny;

On February 29, 2016, around 03:50 on February 29, 2016, the Defendant: (a) committed a theft of KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,000,000

1. Fraud against victim BL;

The defendant and the victim are the motive of the BM University.

On April 16, 2016, the Defendant had the victim work at the BO mobile phone sales store located in the Geum-gu Busan Metropolitan Government BN. In order to work at the BP security company, the Defendant opened a new mobile phone and opened one cell phone through registration with the company.

However, the Defendant not only did not have the authority to force the victim to work in the BP security company, but also sold the mobile phone received from the victim to use it as living expenses, etc. Accordingly, the Defendant was subjected to the above deceiving the victim as above, and the Defendant was issued a opphone 6 flus cell phone at the market price of KRW 1,130,80.

2. Fraud by using computers, etc. for victim B Q Q;

On April 17, 2016, the Defendant entered BL’s credit card information, etc. into BL’s cellular phone (BL) in B Q Q QP system, which was installed in the Defendant’s cell phone, and had access to the said BL, and had access to the said BL, as if it were BL, the Defendant operated the said BL 3 car from the victim B Q Q Q Q Q, and had the Defendant pay the loan fee of KRW 118,660, driving fee of KRW 40,80, driving fee of KRW 9,700, and other charges of KRW 100,000.

Accordingly, the defendant acquired financial benefits equivalent to 269,160 won by inputting information into a computer or any other information processing device without authority.

3. Fraud against the victim BS and B;

On August 26, 2016, the Defendant: (a) stated that “BV stores in places where it is impossible to know the BU no more than 13:10 times in Macheon-si BU, 2016,” “BV stores are employed as employees; (b) “BB is a person operating the security company; (c) would pay a mobile phone in the name of the company; and (d) to the shopping mall near the company,” and subsequently, “BS will open a cell phone in the name of the company in the name of the company and return it to BS after changing its cell phone in the name of the company in the name of the company,” and “BS will also be employed as a width employee. If BS is employed as an employee as explained to BS, it will pay a mobile phone in the name of the company and pay it free of charge in the name of the company. However, if it is changed to BS under the name of the company’s name, it will return it to BS in the name of the company.”

However, since the Defendant did not operate a security company, he did not have the ability or intent to employ the victims as a security guard, and was thought to use the mobile phone received from the victims as living expenses, etc. Accordingly, the Defendant, by deceiving the victims as above, received one unit of a 6-phone cell phone mobile phone from the victims (total amount of KRW 2,336,00,000) which is equivalent to the market price of 1,168,000.

“2018, 203

At around 08:00 on November 18, 2015, the Defendant: (a) the Victim BZ (at the time, 15 years of age) who was divingd with clothes in the Southern-gu BY 2Y room in Ulsan-gu, Ulsan-gu, BXn on the part of the Defendant, left the Victim’s arms by shouldering her hand; (b) requested the Victim to have sexual intercourse on the part of the Defendant; (c) but the Victim refused this request; (d) the Victim had the fright in the fright of the Victim; and (d) the Victim did not respond to the sexual relation; and (e) when the Victim did not respond to any physical harm of the Victim, the Defendant frighted the Victim’s resistance by threatening the Victim to put the Victim’s arms into the part of the drinking part of the Victim; and (e) inserted his sexual organ into the part of the Victim.

Accordingly, the defendant raped the victim who is a child or juvenile by assault and intimidation.

Summary of Evidence

2017Gohap712

1. The defendant's partial statement in the first protocol of trial;

1. The statements of witnesses C and F in the third protocol of trial;

1. A written statement;

1. The police seizure record and the list of seizure;

1. Report on internal investigation (for vehicles used by persons subject to internal investigation), investigation report (for driving without a license of a suspect A), investigation report (for contact information of a suspect and his/her cell phone that has been seized), investigation report (for the purpose of using the vehicle moving details of a suspect, place of residence and name E), investigation report (for the purpose of using the vehicle moving details of a suspect, place

1. Detailed details of the driver's license;

1. 112 Report processing table, copy of e-mail, vehicle rental contract (CA), vehicle rental contract (CAB), and the head of an access to vehicle vehicle;

1. Easting CCTVs from the suspected person, 2017 Highis790

1. Statement of the accused in the second protocol of trial;

1. Each police statement made to AC, AH, AI, AX, R, and AO;

1. A gene appraisal report;

1. A report on internal investigation (a photograph of a CCTV image taken by a suspected victim);

1. A copy of the driver's license ledger;

1. A statement of a transfer certificate, a vehicle lease contract, a mobile phone new contract, and a description of track record of the location tracking of the GPS on and out of a suspect, a copy of a sales contract, and a statement of withdrawal from the account;

1. CCTV photographs at the scene of a crime, and photograph of the victim and the suspect-fashion in the AJ, the contents of which are 2017, 911;

1. Statement of the accused in the fifth trial records;

1. Written statement of BA;

1. CCTV images 2017, 1056;

1. Statement of the defendant in the sixth protocol of trial;

1. The defendant's partial statements in the fifth trial records;

1. Statement made by witnesses BD in the sixth trial records;

1. A copy of each police interrogation protocol on CDs;

1. Details of imposition of charges on the cellular phone in the name of the victim who opened the criminal defendant;

1. Statement of the accused in the fifth trial records;

1. The police statement concerning AF;

1. Each statement of CE, B, H, CF, and CG;

1. Police seizure records;

"2017 Gohap1237"

1. Defendant's legal statement;

1. Statement of the defendant in the sixth protocol of trial;

1. Each police statement of the BL, BS, and B;

1. A report on investigation (on-site investigation) and a report on investigation (specific suspect), 2018Gohap203;

1. Partial statement of the defendant;

1. Video CDs or stenographic records;

1. Requests for each appraisal;

1. Report on internal investigation (verification at the scene of crime);

Application of Statutes

1. Article 28(1) of the Criminal Act, Article 277(1) of the Criminal Act, Article 276(1) of the Criminal Act, Article 276(1) of the Criminal Act, Article 350(1) of the Criminal Act, Article 350(1) of the Criminal Act, Article 18(2)1 and Article 18(1)2 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., Article 297 of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 152 subparag. 1 and 43 of the Criminal Act, Article 329 of the Criminal Act, Article 284 and Article 283(1) of the Criminal Act, Article 37-2 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., Article 37(1) of the Criminal Act, Article 152 subparag. 1 and 43 of the Road Traffic Act, Article 284 of the Criminal Act, Article 37-2 of the Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the crimes of heavy confinement and rape, the punishment prescribed for the crimes of severe rape, the punishment for the crimes of severe rape, each of the crimes against victim AH and AI, and the punishment prescribed for the crimes of fraud against victim AH of more severe punishment)

1. Selection of punishment;

For the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape), each sentence of imprisonment, each offence of confinement, each offence of public conflict, each offence of fraud, each offence of violation of the Road Traffic Act (Unlicensed Operation), theft, special intimidation, and fraud by using computers, etc., shall be selected, respectively.

1. Statutory mitigation;

The latter part of Article 39(1) of the Criminal Act and Article 55(1)3 of the Act on the Protection of Children and Juveniles against Sexual Abuse [In regard to the crimes of violation (Rape) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the principle of equity shall be taken into account when a judgment

1. Handling concurrent crimes;

The latter part of Articles 37 and 39(1) of the Criminal Act [the former part of Article 39(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and each crime recorded in the final judgment] 4]

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [Article 38(1)2, Article 50 of the Criminal Act [Article 1-3(1)2, Article 38(1)2, Article 50 of the Criminal Act [Article 2017Dahap712, 911, 1056, and Article 1-3(1)2 of the Criminal Act [Article 2017Dahap712], and Article 1-3 through 5 of the judgment of the judgment of the court of first instance against the victim AH among the crimes in Article 2017Gahap790 of the judgment of the court of first instance, Article 37 of the Criminal Act, Article 38(1)2, Article 38(1)2, and Article 50 of the Criminal Act (excluding the crime of double confinement in the case of 2017Dahap790)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (with respect to the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, consideration of favorable circumstances among the following reasons for sentencing)

1. Confiscation;

Article 48(1)1

1. Additional collection:

The latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic.

1. Return:

Article 333(1) of the Criminal Procedure Act

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, and the main sentence of Article 21(2) of the Act on the Protection of Children

1. An order for disclosure and notification;

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

1. 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;

Judgment on the Defendant and defense counsel's argument

1. As to the case 2017Gohap712

A. Determination on the part of the crime of heavy confinement against the victim C, and on the crime of confinement against the victim F

1) The defendant and defense counsel's assertion

The victims were able to request external assistance at any time through mobile phones, etc., and despite the opportunity to escape from the defendant, they voluntarily live together with the defendant in order to gain economic benefits by think that there was a large amount of money, and the victim C was in line with the defendant, and was given gifts from the defendant, and the victims were living freely on the part of the defendant, including, but not limited to, the victim's life, such as, viewing a film in the motor vehicle theater, driving on the pentae, leaving a pentaf, leaving the pentaf, leaving the pentaf, and leaving the victims, and there was no little reason to arrest the victims, so the crime of confinement against the victims is not established.

2) Relevant legal principles

The crime of confinement is a crime that makes it impossible or extremely difficult to allow a person to move into a specific area with the protected legal interest of the freedom of human behavior. The disability that makes it impossible or extremely difficult to allow a person to move into a specific area can be caused not only by a physical handicap but also by psychological and intangible disorder. The essence of confinement is not limited to the means and methods that restrict the freedom of conduct by restricting the freedom of human behavior. As such, the means and methods are neither tangible nor intangible nor intangible. The deprivation of the freedom of human behavior in confinement does not necessarily need to be complete. Thus, even if the freedom of human behavior in a specific area is permitted within the confined area, there is no complaint for the crime of confinement (see, e.g., Supreme Court Decision 2010Do5962, Sept. 29, 2011).

3) Determination

According to the witness C and F's statements in the third trial records, it is recognized that the victims sent motion pictures to the automobile theater with the defendant, play in the penta, spathing to the penta, and spathing to the peta, the victim C went to play park together with the defendant, the victim C went to play in shopping or books, the victim C went to play together with the defendant, the first defendant and the hand when the victim C went to spatha together with the defendant, the fact that the victim C was knife with the defendant, and thereafter, he was knifeed by the defendant, the fact that the victim C was knifeed by knife and knife from the defendant, the fact that the victim C received gifts, such as knife and kn

However, in light of the above legal principles, comprehensively taking account of the following facts and circumstances revealed by the evidence duly adopted and investigated by the court, the victims should be deemed to have been bound by the freedom of action due to psychological and intangible disorder caused by the Defendant’s speech or mistake due to the Defendant’s deceptive scheme. The victims have the opportunity to escape from the outside via mobile phones, etc., or the victims have been allowed to enjoy the freedom of living within a certain scope of the Defendant’s designated by the Defendant. Accordingly, this part of the assertion by the Defendant and the defense counsel cannot be accepted.

① The victim C is the father of the Jinjin Police Station CH at the investigative agency as above, and is a woman engaging in commercial sex acts on behalf of the police officers. The victim shows that he will be punished by sexual traffic, and she will do so to the police, and she will do so, and the defendant was frighted, her time in Seoul, her work loan and cell phone loan in Korea, and she was humping in Busan, her organization violence loan in Busan, and she made the victim's statement at the time when she got out of the police station, and she did not come out of the police station, and she did not come out of the police station, and she did not come out of the police station when she got out of the bar, and she did not come out of the police station.

이와 유사하게 피해자 F도 수사기관에서 피고인이 '너는 수배가 되어있어 형사들이 쫓고 있다. 경찰에 잡히면 교도소에 간다'는 식으로 말하여 겁을 주었고, 항상 감시를 하였으며, '내가 네 머리 위에 있으니 어디 도망갈 생각 절대 하지 마라', '나는 H파 깡패여서 네가 어디를 가도 다 잡을 수 있고, 형사들도 다 알고 있으니까 도망갈 생각은 아예 하지 마라'는 식으로 이야기 하였고, 피고인이 무서운 욕을 하고, 위협적인 행동을 하는 것을 보았기 때문에 다른 생각은 하지 못하고 피고인이 시키는 대로 할 수밖에 없었다고 진술하였다. 또한, 피해자 F는 이 법정에서도 위와 같은 취지로 진술하면서 피고인이 아무 데도 못 가게 계속 붙어 다녔고, 편의점에 가고 싶다고 하면 못간다고 하거나 따라다녔으며, 식당 앞에 잠시 갈 때도 따라다니는 등 어디를 못 가게 감시하였다고 진술하였고, 공중전화나 누구한테 빌려서 전화를 쓴 적이 있는데 피고인이 이를 알고 따로 불러서 때리는 시늉을 하면서 다 지켜보고 있으니까 전화하지 말라고 말한 적이 있다고 진술하였다.

The above statements of the victims are considerably specific and consistent and reliable.

② Around April 21, 2017, the Defendant shows a lock to the victim C and his father was a police officer, who transferred to the police and takes 300,000 won by carrying out sexual traffic on behalf of the police officers on behalf of the police officers, and who take over the women engaging in sexual traffic at the police. However, it is possible to assist the police by taking advantage of sexual traffic. However, if the police already takes place, it shall delete the cell phone record, open the cell phone, open the cell phone, and remove the financial data. Since the police already takes advantage of it, it shall remove the cell phone record, open the cell phone, and remove the financial data. After that, the Defendant continued to take the place until June 16, 2017 with the victim C, it becomes a victim of sexual traffic, and the offender becomes a police officer, and the offender should be a victim, and the offender should be a correctional institution, and if the police does not take advantage of the Defendant’s mobile phone, and at the request of the police or have the Defendant take advantage of his body.

In addition, the Defendant, from May 1, 2017 to May 26, 2017, left with the victim F along with the victim F, made false remarks and intimidation to the same purport, and recognized the fact that cash and cellular phone was taken from the victim F.

③ The Defendant’s above speech and behavior seems to have sufficient means and methods of restricting the victims’ freedom of conduct.

④ Even if the Defendant used various expenses while living with the victims, the victims did not seem to have been specially the Defendant, and rather, the victims took cash several times from the Defendant to receive the loan. Rather, it is difficult to see that the victims are voluntarily not the Defendant in order to obtain economic benefits, and whether there was a need to come to the Defendant without communicating with the outside. Even if the victims intended to obtain economic benefits from the Defendant, it merely appears to have caused mistake due to the Defendant’s deceptive scheme.

⑤ Furthermore, when the defendant was dead in this court, the victim C stated that he had decided to leave the defendant as "I do not want to do so" or "I do not want to do so" or "I do not want to do so", but the defendant continued to return to the defendant, and that the defendant would be aware that he would be able to answer one another. The defendant's refusal to refuse to do so would be able to see "I would like to see if I would like to see," "I would like to see," "I would like to see, if I would like to see, I would like to see," "I would like to see, I would like to see the defendant's appearance with a person who has the appearance identical with the defendant, and I would like to make a statement to the effect that I would like to go to us without any inevitable reason, and that I would like to make a statement that I would like to go to the defendant's free will, and that I would like to see that I would like to go to 2008.

6. On May 26, 2017, when the victim F was married with the victim at investigation agency and this court, the victim did not go back to the victim's seat, and the victim did not go to the victim's phone for up to two hours, so that the defendant still waiting for the defendant should not return to the defendant, the victim told the defendant that he would leave the taxi at this time, and again called the victim's phone again by phone call to the victim, and the victim did not go to the victim's house at this court, and the victim did not go to the victim's house and reported the defendant by visiting the police station (the victim's 26-27 pages of the investigation record, the witness examination page 12-13). Further, the victim's e-mail did not go to the victim's cell phone so far as she did not go to the victim's e-mail at any time and did not go to the victim's home (the victim's 17th day of the investigation record, the victim's e-mail did not go to the victim's home.

B. Determination on the part of the crime of serious confinement against the victim C and the crime of rape

1) Summary of the defendant and defense counsel's assertion

Although the Defendant had naturally sexual intercourse with the victim C while returning to the victim C, it is not a forced sexual relationship by using the detained condition or by assault and intimidation.

2) Relevant legal principles

Whether a perpetrator committed assault and intimidation to establish the crime of rape ought to be determined based on the specific circumstances in which the victim was faced by the victim at the time of sexual intercourse by comprehensively taking account of the content and degree of assault and intimidation, the background leading up to exercising force, the relationship with the victim, and the circumstances at the time of sexual intercourse and the subsequent circumstances. From an ex post perspective, the mere fact that the victim was able to escape the scene of the crime before sexual intercourse or the victim did not resist with his/her ability should not readily readily conclude that the perpetrator’s assault and intimidation did not reach the extent that it considerably difficult for the victim to resist (see, e.g., Supreme Court Decision 2005Do3071, Jul. 28, 2005).

3) Determination

In light of the following facts and circumstances revealed by the evidence duly admitted and investigated by the court, the Defendant’s arrest of the victim C as stated in its holding can be acknowledged as having been conducted from time to time when the victim was detained and committing harsh acts by rape around May 2017. Accordingly, this part of the Defendant and the defense counsel’s assertion is rejected.

(1) The aggrieved person was unable to take advantage of the Defendant from the investigative agency to the point of view. Whether the Defendant continued to engage in a sexual intercourse with the Defendant, thereby refusing to take advantage of his/her hand, and as the Defendant was at the time of carrying out a strict luxity, he/she was unable to take advantage of his/her hand and her hand, even though he/she did not take advantage of his/her hand.

After having made a consistent statement to the effect that forced sexual intercourse had been made (No. 333-34 of the investigation record, No. 23 of the witness examination record), and during the night, the criminal investigation agency made a statement that the criminal defendant committed an indecent act against the victim at each night (No. 335, 337 of the investigation record). There are no differences in the contents of the statement specifically unreasonable or unreasonable parts or the statement itself, and in light of other criminal acts of the criminal defendant, such as the details of the victim’s report and the conflict, the victim’s statement is credibility.

② The victim stated that he/she was raped when he/she met the Defendant (as seen in Article 333 of the Investigation Records), and Article 1-1(a) of the above. At the time, the victim respondeded to the Defendant’s demand without any inevitable reason that he/she could inflict bodily harm on the Defendant, or arrest him/her to the police, and that he/she could go to prison due to deception and intimidation by deceiving the Defendant at the time, and detained the Defendant. Furthermore, at the time of detention, the victim was considered to have been born from organized violence. In addition, the victim thought that he/she was the victim of organized violence, and his/her body weight was 10 km (Article 338,482 of the Investigation Records). The victim and the Defendant were her mother. In such a situation, as the Defendant refused sexual intercourse, the victim did not appear to have been able to have been able to exercise his/her force on his/her own account of the fact that he/she did not have any other types of assault and intimidation.

③ The Defendant and his defense counsel asserted that the Defendant naturally had sexual intercourse during the process of returning back to the victim and taking part in the blood. However, as seen in the foregoing, it is difficult to view that the victim voluntarily had sexual intercourses with the Defendant with the genuine relationship, as seen in the foregoing paragraph 1-A(3).

B. Determination on the crime committed against the victim F in violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. ( forced sexual traffic)

1) Summary of the assertion

The defendant does not force the victim F to engage in sexual traffic by fraudulent means.

2) Determination

Comprehensively taking account of the following facts and circumstances revealed by the evidence duly adopted and examined by this court, the defendant can be found to have received the full payment after having the victim F by fraudulent means committed an act of putting the victim F into a difficult situation, as stated in its reasoning. Thus, this part of the defendant and the defense counsel’s assertion is not accepted.

① The victim F stated to the effect that the Defendant would have been brought to the police because the Defendant had worked in a sexual traffic business establishment prior to being punished, and that the Defendant would have taken pictures of the men engaged in sexual traffic while working in the sexual traffic business establishment, and sent the pictures to the attorney-at-law. The victim F stated to the effect that the Defendant would have brought about KRW 1 million (No. 483-484 of the investigation record, No. 6-7, and No. 12 of the witness examination record).

② The victim C stated that the Defendant forced the victim F to engage in sexual traffic and that FF took all the money received in return for sexual traffic (in the investigation record, page 337 of the investigation record, page 7-8 of the witness examination record), which conforms to the statement made by the victim F.

③ In order to raise living expenses in the prosecutorial investigation, the Defendant stated that the victim F was committed sexual traffic, and the victim F was committed sexual traffic and brought one million won to the victim F. (No. 647-648 pages of the investigation record).

2. As to the case 2018Gohap203

A. Summary of the assertion

Although there is a fact that the defendant had been with the victim at the time and place specified in the facts charged, the defendant has no memory of a sexual relationship with the victim.

B. Determination

In light of the following facts and circumstances revealed by the evidence duly adopted and investigated by this court, the victim’s statement in the investigative agency is reliable, and according to the above evidence and each of the above evidence, the defendant may be acknowledged to have committed rape against the juvenile victim as stated in its reasoning. Accordingly, this part of the defendant and the defense counsel cannot be accepted.

1) 피해자는 수사기관에서 ① 피고인을 만나 함께 모텔에 가게 된 경위, ② 모텔방 안에서 피고인과 술을 마신 상황과 당시 대화 내용, ③ 피해자가 잠에서 깼을 때의 상황과 범행 당시 피고인이 피해자에게 한 구체적인 언행, ④ 피해 이후의 상황 등 범행의 주요 부분에 관하여 직접 경험하지 않고서는 꾸며내기 어려울 정도로 상당히 구체적으로 진술하였고, 피해 사실을 부풀리지 않고 있는 그대로의 사실을 진술한 것으로 보인다.

2) On the day of the instant crime, the victim returned home to the victim’s mother on the day of the instant crime, and reported it to the police around 21:30 on the same day, and received an emergency key inspection for sexual assault at the hospital along with the police dispatched. The victim’s statement of the damage is natural.

3) 피해자는 수사기관에서 이 사건 당일 새벽 1시가 넘어서 피고인에게 집에 늦게라도 들어가야겠다고 했는데, 피고인이 무슨 집이냐면서 계속 모텔에 가자는 식으로 이야기를 해서, 피고인을 진짜 싫어하지만 결국 모텔에 가게 되었고, 모텔방에서 피고인이 찜닭과 술을 시켜 먹자고 했는데, 뭐가 싫다고만 하면 계속 화내는 말투로 이야기해서 거의 체념하고 있었으며, 피고인이 자신의 작은 아빠가 경찰이고, 자신이 교도소에서 몇 번 갔는데, 지금 집행유예 받은 것도 있으며, 아빠한테 더 걸리면 미국에 보낸다고 하는데 미국 가서도 또 사고를 칠 것 같은데 왜 그러는지 모르겠다는 말을 하였다고 진술하였다(수사기록 제2권 제48쪽). 또한, 피해자는 수사기관에서 잠에서 깨어났을 때 피고인이 성관계를 하자고 계속 이야기해서 '싫다', '안 된다'고 했는데도 피고인이 팔을 계속 당겼고, 안 된다고 하니까 왜 안 되냐고 계속 묻더니 그래도 계속 안된다고 하니까 강제로 피고인의 몸 위로 피해자를 올리고, '할 건데? 안 할 건데?'라고 하며 주먹을 쥐어 때릴 것처럼 들어 올리며, 피해자의 이마에 주먹을 가져다 대고, 계속 피해자의 팔을 잡아끌며 피해자의 음부에 억지로 성기를 삽입하였다고 진술하였다.(수사기록 제2권 제50~54쪽). 이처럼 피해자는 피고인이 계속 화내는 말투로 요구를 하고, 자신이 전과자라는 말도 하여 기본적으로 피고인에게 제대로 거절의 표시를 하지 못하고 순응하는 심리상태에 있었던 것으로 보이고, 15세의 여자 청소년으로서 체격이 건장한 피고인과 단둘이 모텔방에 있는 상황에서 위와 같이 주먹을 들어 올리는 등 피고인의 언행으로 인하여 상당한 두려움을 느꼈을 것으로 보인다. 따라서 피고인은 피해자의 항기를 현저히 곤란하게 할 정도의 폭행·협박을 하였다고 판단되고, 사후적으로 보아 피해자가 범행 현장을 벗어날 수 있었다거나 피해자가 사력을 다하여 반항하지 않았다는 등의 사정만으로 달리 볼 것은 아니다.

4) Meanwhile, the victim, after committing the instant crime at the investigative agency, was locked again in the telecom, at around 13:00, and 14:00 a cleaning agent, was engaged in a telecom with the Defendant and the State. After drinking a cartoon book at the cartoon room, the victim was under contact with the police officer who received the report of a house-to-house from the cartoon room, and was under contact with the Defendant and the State. The victim stated that he was in the house.

The above behavior of the victim, who was rape, appears to be somewhat proportional. However, it cannot be deemed that the victim, who was rape, has actively resisted, or requested the rescue of another person or the police, etc. It may not always take various forms of reactions depending on the relationship between the perpetrator and the victim, the nature and characteristics of the victim, and the specific circumstances at the time, etc. It is difficult to expect that the victim (in particular, youth) will act rationally through a fluoral judgment at all times. In this case, as seen earlier, the victim was unable to refuse the request of the defendant before she was rape, and it appears that it was difficult for the defendant to carry out the above behavior by 5th after having been rape, and that the victim respondeded to the request of the defendant under the belief that he was able to do so. The victim was able to understand that he was able to do so by making a fluorous statement to the effect that the defendant was fluord, and that he was able to do so after being able to do so.

5) The Defendant stated in the police investigation that there was no sexual intercourse with the victim, and stated to the effect that there was no memory with the victim from the prosecutor’s investigation. However, in light of the fact that the victim’s qualitative content recovered on the day of the instant crime was cultivated, and the gene type that is consistent with the Defendant was discovered, the Defendant appears to have sexual intercourse with the victim.

In addition, the Defendant consistently stated that he was not drunk at the time. In particular, it is difficult to present the possibility that the Defendant could not associate with the victim even though he had sexual intercourse with the victim. Therefore, the Defendant’s above statement is difficult to believe.

Reasons for sentencing

1. The scope of punishment by law;

(a) Each of the crimes listed in the holding of the cases in 2017Gohap712, 911, 1056, 1237, and any of the crimes listed in 1-b through 5, and 2: Imprisonment with prison labor for up to 3 years to 45 years;

(b) Each crime listed in the holding of the 2017 Highest 790 Cases and the 2017 Highest 1126 Cases: Imprisonment with labor for one month to 15 years;

(c) Offenses of the Supreme Court Decision 2018Gohap203: Imprisonment with prison labor for up to three months from March to up to seven years;

2. Scope of recommendations according to the sentencing criteria;

(a) Each crime listed in the holding of the cases in 2017Gohap712, 911, 1056, 1237, and any of the crimes listed in 1-b through (e) and 2 of the holding of the cases in 2017Gohap790;

1) Basic crime: rape

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

【Special Convicted Person】

[Scope of Recommendation] Basic Field, 2 years to 6 years of imprisonment

2) Crimes of violation of each Road Traffic Act (unlicensed Driving): The sentencing criteria are not set.

3) Final recommended punishment based on the standards for handling multiple crimes: Imprisonment with prison labor for at least three years (inasmuch as the crimes for which the sentencing criteria are set and the crimes for which no sentencing guidelines are set are set are concurrent crimes under the former part of Article 37 of the Criminal Act, only the lower limit of the range of sentence on the guidelines for sentencing of basic rape among the crimes for which the sentencing guidelines are set shall be considered, but the lower limit of the recommended punishment on the guidelines for sentencing is lower than the lower limit of the statutory applicable sentencing,

(b) Crimes No. 1 of the Decision 2017Gohap790 and Basic Crimes No. 1 of the Decision 2017Gohap126: Each crime committed respectively;

[Determination of Punishment] General Fraud (less than KRW 100,00)

[Special Aggravation] Aggravations: Where a crime was committed against unspecified or large number of victims or repeatedly over a considerable period of time.

[Scope of Recommendation] Aggravation, 1 to 2 years of imprisonment

2) Offense of Violation of the Road Traffic Act (Unlicensed Driving): The sentencing criteria are not set.

3) Final recommending punishment based on the standards for handling multiple crimes: Imprisonment with prison labor for not less than one year (inasmuch as crimes for which the sentencing criteria are set and those for which no sentencing criteria are set are concurrent crimes in the former part of Article 37 of the Criminal Act, only taking into account the lower limit of the scope of sentence in the sentencing criteria for fraud, which are basic crimes among those for

C. As the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) in the holding of the case 2018Gohap203 is in a concurrent relationship with each of the crimes stated in the criminal records in the judgment that became final and conclusive, the sentencing guidelines are not applicable, but the sentencing guidelines for the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) are not mentioned in the sentencing guidelines.

[Determination of Punishment] General Criteria for Sex Offenses Type 2 (Rape/Special Rape, etc. in Connection with Relatives)

* Form : Juvenile rapes are included in Category 2.

【Special Convicted Person】

[Scope of Recommendation] Basic Field, 5-8 years of imprisonment

3. Determination of sentence;

The following circumstances and the defendant's age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and various sentencing factors as shown in the arguments of the instant case, such as the circumstances after the crime, shall be determined as ordered (in the case of crimes No. 1 of the Decision 2017Gohap790 and crimes of the Decision 2017Gohap126, the punishment shall be determined lower than the lower limit of the recommended punishment according to the sentencing guidelines).

○ Unfavorable Circumstances: The Defendant: (a) inducedd three victims, who are women of the early 20th century, for the purpose of making a profit; (b) took property while committing rape and sexual traffic; (c) committed several offenses against some victims; (d) the Defendant committed a crime of fraud on several occasions; (b) committed a crime of unlicensed driving, theft, special intimidation, etc.; and (c) committed rape against the juveniles of 15 years of age. In light of the details and method of the crime; (c) the diversity and repetition of the crimes; and (d) the number of victims and the degree of damage, etc., the Defendant’s quality is very good. In particular, the Defendant was sentenced to a suspended sentence of one year and six months on September 3, 2015; and (d) was sentenced to a suspended sentence of imprisonment for larceny on March 23, 2016; and (e) the Defendant did not receive any consideration from each of the instant crimes.

The circumstances favorable to ○: The Defendant acknowledges and reflects his mistake, excluding some crimes, and the Defendant’s family members want to leave the Defendant’s wife. The Defendant has no history of criminal punishment exceeding the suspended sentence of imprisonment.

In the case of each of the crimes in the Decision 1 in the Decision 2017Gohap790 and 2017Gohap126 in the Decision, each of the crimes of fraud and larceny is not relatively significant in the amount of damage.Special intimidation seems to have occurred by contingency in the drinking place.

In the case of the crimes of violation of the Act on the Punishment, etc. of Sexual Crimes (Rape), since each of the crimes stated in the judgment of the court below and the latter part of Article 37 of the Criminal Act are concurrent crimes as stated in the judgment of the court below, equity should be considered in the concurrent judgment of each of such crimes, and the degree of assault and intimidation is relatively not more severe. Where a conviction becomes final and conclusive in relation to the crime of rape against which personal information is registered and the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape), the defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to

On the other hand, the judgment of the Defendant, which caused the registration of personal information under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, is competition with other crimes pursuant to Article 37 of the Criminal Act, and the term of registering personal information resulting therefrom is 20 years pursuant to Article 45(1)2 and (2) of the Criminal Act. However, considering the nature of each of the crimes, severity of the crimes, etc., it is not recognized that it is unreasonable to determine the term of registration as above, and therefore, the period of registration of personal information of the Defendant is not set as a short-term period.

Parts of Innocence (2018Gohap203)

1. Summary of the facts charged

피고인은 2015. 11, 18. 02:00경 울산시 남구 BX여관 BY호실에서 피해자 BZ(여, 당시 15세)과 찜닭과 소주를 먹다가 위 피해자가 술에 만취하여 잠이 들자 피해자의 옷을 전부 벗기고 피해자의 음부에 성기를 삽입하였다. 이로써 피고인은 아동·청소년인 피해자의 심신상실 또는 항거불능의 상태를 이용하여 간음하였다.

2. Determination

살피건대, 이 법원이 적법하게 채택하여 조사한 증거에 의하면, 피고인과 피해자가 2015. 11. 18. 02:00경 울산시 남구 BX여관 BY호실에 함께 들어가 찜닭과 소주를 먹은 사실, 당시 피해자가 술에 많이 취해 있었던 사실은 인정된다. 그러나 피해자는 수사기관에서 위 일시, 장소에서 술을 먹고 나서 잠이 들었는지도 기억이 없는데, 눈을 떠보니 다음 날 아침 8시였고, 옷이 모두 벗겨져 있었으나, 그 사이에는 전혀 기억이 없으며, 눈을 뜬 후 피고인과 이야기를 했는데, 피고인이 피해자가 옷을 벗으면서 욕실에 들어갔고, 피고인의 성기를 입으로 빨았다고 이야기 했으며, 피고인이 피해자의 음부에 성기를 삽입하였다는 이야기는 하지 않았다고 진술하였을 뿐이다. 따라서 위와 같은 피해자의 진술을 비롯하여 검사가 제출한 증거만으로는 피고인이 위 일시, 장소에서 피해자의 음부에 성기를 삽입 하였다고 인정하기에 부족하고, 달리 이를 인정할 만한 증거가 없다.

3. Conclusion

Therefore, this part of the facts charged constitutes a case where there is no proof of crime, and thus, is pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of the acquittal part against the defendant pursuant to Article 58 (2) of the Criminal Act is

Judges Park Jong-ro

Judges Park Jae-gu

Some revisions were made.

2) The indictment contains “Aphone 6 flusular phone,” but according to the evidence duly adopted and investigated by this court, it is erroneous in the indictment.

Since it is apparent that it is, ex officio, correct as above.

3) The written indictment contains “victim B”, but according to the evidence duly adopted and investigated by this court, it is a clerical error.

As such, the above correction is made ex officio.

4) The first criminal offense in the holding of the 2017 Gohap790 case and each offense in the holding of the 2017 Gohap1126 case are the first criminal offense indicated in the holding of the crime records (the crime of forging a currency).

(1) After the final judgment (26.1, 2015.11.26). Theft of the second radio wave recorded in the judgment is the first radio wave.

Since the crime was committed before the final date of the judgment, each of the crimes of subparagraph 1 of the judgment of the 2017 Gohap790 case and the crimes of subparagraph 1 of the 2017 Gohap126 case and the judgment

Since the final and conclusive larceny constitutes a case in which a judgment was not rendered at the same time, the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act is established.

No person may be eligible (see, e.g., Supreme Court Decisions 2012Do9295, Sept. 27, 2012; 201Do2351, Jun. 10, 2011).