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

Night residential intrusion theft

2015Gohap296 (Consolidation) thief

2016 Gohap14 (Consolidation) Violation of the Military Service Act

50(A man who has been born in 92)

Residence Kim Jong-si

nan

Attorney Park Do-young

August 4, 2016

A defendant shall be punished by imprisonment for life.

To order the defendant to complete the sexual assault treatment program for 200 hours.

Information on the accused shall be disclosed and notified for a period of ten years (Provided, That the summary of the sex offense shall be limited to the facts constituting the offense described in paragraph (1) of the 2015 Gohap275 Case as stated in the judgment).

Criminal History Office

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

On November 12, 2015, the Defendant: around 00, the same day: 03 at around 00, when 03: Around 00, the Defendant: (a) tried to commit rape with the victim, ○○○ (27 years old) who returned to the said rigate in order to have the victim take scambly scambly and scambly scam to commit rape; (b) however, the entrance of the first floor was allowed to enter the number; (c) the Defendant was unable to enter according to the victim; and (d) around that time, the location of the victim’s studio (202) was confirmed as the victim’s address (202).

From 00 to 05 of the same day, the defendant : around 00 to 00: 05 of the same day, when she met the above house : around 00, the defendant intruded the victim's studio room window 202 where the 2nd floor was not corrected, and found the victim who was divingd by the string house 202 after the victim's intrusion into the victim's residence, and found the victim who was divingd by the string house : The victim's she out of the panty line and she out the part of the victim's her finger line with the victim's hand, and she out the part of the victim's her finger line with the victim's hand, and she applied the victim's her face to murder the victim's her part with the victim's body, and she used the victim's her face with the victim's her body, and she applied the victim's her body to kill the victim's her part with the victim's body.

Accordingly, the defendant invadedd the victim's residence, raped the victim, and murdered the victim.

2. On November 12, 2015: around 00, the Defendant: (a) intruded the victim’s residence, as described in the foregoing paragraph (1), and placed 50,000 won in cash in the room floor and in the locking part of the victim, prior to rape as above, in the Defendant’s Cheongbow; (b) went back after rapeing the victim; (c) deducted the victim from the victim’s left hand.

Accordingly, the defendant invadedd the victim's residence at night and stolen the property.

" 2015 Gohap296"

1. Larceny against the victim's ○○○;

On November 11, 2015: around 25, the Defendant stolen a gallon with one million won or more at the market price of the victim, who was placed on the diving water purifier, in order to conduct cleaning at the third floor of the Embane hotel located at the city of the Si/Gu, the Defendant, at around 25, with one galthopt 3 mobile phone in an amount equivalent to one million won.

2. Larceny against victim Lee ○○;

On November 9, 2015: around 58, the Defendant stolen KRW 44,00,00 in cash owned by ○○○○○ in a depository using any cres in the first floor of Eco-U.S. hotel as stated in the above paragraph (1).

“ 2016Gohap14

The Defendant is a social work personnel belonging to the Msan-si Office in the Changwon-si, and was absent from his service without justifiable grounds for at least eight consecutive days from May 29, 2015 during his service.

Summary of Evidence

Application of Statutes

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

Articles 9(1) and 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 297 of the Criminal Act (the commission of rapes and the choice of life style) , Article 330 of the Criminal Act (the commission of larceny at night) , Article 329 (the point of larceny, the choice of imprisonment), Article 89-2 subparag. 1 (the point of escape from service) of the Military Service Act

1. Punishment for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 1, and Article 50 of the Criminal Act / [The other punishment shall not be imposed, since a person selects an imprisonment for life for a crime violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with the largest punishment (Rape, etc.

1. Order to complete programs;

The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. An order for disclosure and notification;

Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (limited to the crimes of No. 2015Gohap275 Case No. 1)

Registration of Personal Information

Where a conviction becomes final and conclusive on the criminal facts stated in Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Defendant, the Defendant is a person subject to registration of personal information under Article 42(1) of the same Act, and the Defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

1. Scope of legal penalty: life imprisonment;

2. Application of the sentencing criteria;

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

[Determination of Type] homicide and serious crimes (Type 4), homicides (no special person)

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment for not less than 20 years, life imprisonment

(b) Night time, intrusion upon residence and larceny;

【Determination of Type】 thief on the thief group, general property, intrusion larceny (Type 4)

【No Special Convicted Person】

[The scope of recommendations and recommendations] Basic area, imprisonment with prison labor from one year to two years and six months. Each type of larceny [decision on the type], theft against the general property, theft against the general property, neglect, etc. (Type 1)

【No Special Convicted Person】

[The scope of recommendations and recommendations] Basic Area, 4 months to 8 months of imprisonment

(d) Scope of the recommended punishment that is modified according to the standards for handling multiple crimes: a violation of the Military Service Act for which the sentencing guidelines have not been set for at least 20 years have not been set and the remaining crimes for which the sentencing guidelines have been set are concurrent; therefore, only the lower limit of the sentencing range on each crime for which the sentencing guidelines have been set

(e) Scope of the modified sentencing by the applicable sentencing guidelines: The lower limit of the sentencing range recommended by the sentencing guidelines for life imprisonment is lower than the lower limit of the applicable sentencing range by law, so the lower limit of the sentencing range shall be set at the lower limit of the applicable sentencing range by law.

3. Determination of sentence: The crime of imprisonment for life violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) is committed by a female victim, who is a female victim after the lapse of night, to keep him/her entering the victim's house, rape, murder, and escape with the victim's property, and such crime is committed with the victim's property, which is highly anti-humane and highly likely to be subject to criticism. Furthermore, in light of the defendant's motive for each of the crimes in this case, the background and method of the crimes in this case, the situation before and after the crimes, and the relationship with the victims, etc., the defendant needs to be permanently isolated from society even if he/she confessions all of the crimes in this case.

In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the defendant's age, character and conduct, motive and means of the crime, and circumstances after the crime, the punishment shall be determined as ordered.

Constitutional Court of the presiding judge

Judges Han Han-chul

Judges Park Jong-soo