2012Gohap1059 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Bodily Injury resulting from Rape);

Attempts to robbery and Rape

2012. An order to attach 200,000,000

Claimant

A

Kim Jong-Un (Public Prosecution) and Kim Dok (Public trial)

February 1, 2013

A defendant shall be punished by imprisonment with prison labor for twelve years.

One (No. 1) of the seized mobile phones (S2) shall be confiscated when galloned.

An order the accused to complete a sexual assault treatment program for 120 hours.

Disclosure of information on the accused shall be made public through an information and communications network for ten years, and notification of such information to local residents of Eup/Myeon/Dong in which the accused resides for ten years (However, the summary of sexual crimes is limited to the crime No. 1 of the judgment).

A person who has requested an attachment order shall be ordered to attach an electronic tracking device for 12 years, and matters to be observed in the attached Form shall be imposed during the period of attachment.

Criminal facts and the facts constituting the attachment order

【Criminal Power】

On December 13, 1996, the defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") were sentenced to imprisonment with prison labor for not more than one year and six months in Busan District Court, three years in Busan District Court on July 6, 199, and five years in prison for rape injury, etc. at Busan District Court on October 27, 2006, and the execution of the above final sentence was completed on May 26, 201.

【Criminal Facts】

1. Death or injury resulting from rape in a residence;

On October 21, 2011, the Defendant discovered the victim D (the age of 20) who was in the vicinity B in Busan Y-gu, Busan Y-gu, and tried to rape. On the part of the victim, the Defendant went to the house while entering the ○○○○○○○○○○○○○○○○○○○○○○○○○, and followed by the victim, and immediately going out of the house, and is waiting for the victim from the front corridor of the said victim’s house. On the part of the victim’s house to come out, the Defendant tried to stop rape of the victim when the victim’s her knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

2. Attempts to robbery and rape;

The Defendant asked the victim, at the above date, at the above time and place, who was in a state of impossibility to resist as seen above, to question whether the victim was “not having money,” and tried to collect money from the victim by confirming that the victim did not have money on the part of the victim, but said that the victim was “lick, off,” and the victim called “lick, off,” and tried to rape the victim after deducting the victim’s chest from all clothes, and then again raped the victim.

【Fact of Grounds for Attachment】

As above, the Defendant has committed two or more sexual crimes, and such crimes are recognized, and there is a risk of recommitting a sexual crime.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. Each police statement of D (1, 3 times);

1. The current status of persons who coincide with the results of the DDA comparison;

【Prior Records at the Time of Sales】

1. Criminal records, etc.;

1. Investigation reports (Attachment to the judgment, etc. of the same kind of case);

【Dives on board and risk of repeating a crime】

In full view of the following circumstances acknowledged by the process and contents of the instant crime, Defendant’s age, character and behavior, criminal history records, investigation report (Attachment to the same type judgment, etc.), and investigation report prior to the request for an attachment order, i.e., ① Defendant committed the instant crime causing rape only for five months since the last sentence has been completed despite having been sentenced to imprisonment for three times due to rape, injury, rape, etc. ; ② As the result of the application of the Korean risk assessment level of recidivism (KSAS) to Defendant, the assessment point is 17 points, and the assessment point is 16 points, and the assessment point is 3 points, 4 points, 3 points, 4 points, 5 points, 6 points, 5 points, 6 points, 4 points, 6 points, 5 points, 5 points, 6 points, 4 points, 5 points, 6 points, 5 points, 6 points, 4 points, 6 points, 5 points, 6 points, 4 point, 6 point, 6 point, etc.

Application of Statutes

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

Articles 8(1), 14, and 3(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11088, Nov. 17, 201); Articles 319(1), 297 of the Criminal Act (the fact of causing bodily rapes and bodily harm from rapes); Articles 342, and 339 of the Criminal Act (the fact of attempted robbery and the choice of limited imprisonment)

1. Aggravation for repeated crimes;

Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes, the proviso to Article 42 of the Criminal Act (in the event of a previous conviction for rape or injury

1. Statutory mitigation;

Articles 25(2) and 55(1)3 of the Criminal Act (with respect to attempted attempts and attempted rapes)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the Criminal Act (the aggravation of concurrent crimes resulting from rape, etc. committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment)

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act (Consideration favorable circumstances considered in front and rear)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Order to complete programs;

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

1. An order for disclosure;

Article 37 (1) 1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. An order to notify;

Article 41(1)1 and (3) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11162, Jan. 17, 2012)

1. An attachment order;

Articles 5(1)3 and 9(1)1 of the former Act on the Probation, Electronic Monitoring, etc. of Specific Criminal Offenders (Amended by Act No. 11558, Dec. 18, 2012; hereinafter the same shall apply) Articles 5(1)3 and 9(1)1 of the same Act

1. Grounds for sentencing under Article 9-2 (1) 1, 3 and 5 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders in the imposition of the code of practice;

[Scope of Punishment] Imprisonment of 10 years to 25 years

[Scope of Recommendation] Basic Crimes: Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Bodily Injury resulting from Rape)

[Determination of Punishment] A sex crime, injury to a person aged 13 or older, injury to a person aged 13 or rape (Type 6)

[Special Escopics] Reduction element: In the event that the result of an injury was found, but the basic crime was committed in an attempted crime, a minor injury;

- Aggravations: Cumulative Offense

[General Convicts] - Reductions: Serious reflects

[Scope of Recommendation] From 9 years to 13 years from 13 months (the minimum (6 years) and the maximum (9 years) shall be increased by 1.5 times each, since it constitutes a repeated crime under the Act on Special Cases Concerning the Punishment of Specific violent Crimes.

○ Scope of recommended punishment revised according to the guidelines for handling multiple crimes: Imprisonment for at least nine years (the lowest limit of the recommended punishment for the crime of robbery and rape for which no sentencing guidelines have been set);

[Determination of Sentence] 12 years of imprisonment

Although the Defendant had been sentenced three times to imprisonment due to rape, injury by rape, rape, etc., the Defendant committed the instant crime, which is identical to the instant crime, in the absence of five months after the end of the final sentence execution. The instant crime was committed by the Defendant, even though the Defendant was equipped with an electronic tracking device at the time of the instant crime, by intrusion upon the victim’s residence, thereby suppressing and raping the victim’s interest, and causing injury to the victim. In light of the following: (a) the Defendant attempted to commit rape; (b) the victim’s money to be recovered from the attempted crime; (c) the victim tried to rape again with the victim’s cell phone (No. 1); (d) the victim’s chest and part, etc. recorded with his cell phone (Evidence No. 51, 249, 268) (Evidence No. 51, 349, 268, etc. of the evidence record); and (d) the victim’s mental suffering from the crime of this case; and (d) the circumstances and evidence of the crime of this case were extremely poor.

However, the crime of rape and robbery itself is committed in relation to attempted crimes, the degree of injury suffered by the victim is also minor, the confession of all the crimes in this case and the mistake is divided and reflected, and the defendant supports the defendant's health status without good condition. In addition, the punishment as ordered shall be determined in consideration of various sentencing conditions shown in the arguments in this case, such as the defendant's age, character and conduct.

In addition, it is ordered to complete the sexual assault treatment program for 120 hours in order to reflect and improve the defendant's sexual assault tendency.

A sexual crime subject to registration under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes among the crimes in which personal information is registered

Where a conviction of a crime No. 1 in the judgment becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 32 of the Act on Special Cases concerning the Settlement of Personal Information and is obligated to submit personal information to the competent agency pursuant to

Chief Judge Park Jong-chul

Judge Maump

Judges Lee private-public;

1) The Defendant and the defense counsel asserted that the Defendant did not have a word relating to the knife at the time of committing the instant crime, but the victim was at the time of the police.

From the deceased, the words "knife knife knife knife before knife knife knife" was written in very concrete manner (Evidence).

In light of the fact that there is no reason to make a false statement because it is so exaggerated that the victim is disadvantageous to the defendant, the above assertion is not sufficient.

shall not be held.

2) 피고인은 휴대폰으로 촬영하는 시늉만 하였을 뿐 실제로 촬영하지는 않았다고 주장하였으나 위와 같이 협박한 사실은 인정하

was(Evidence No. 268)