2017Shap396 Similar Rape and Confinement

A

Han Jin-hee (Public Prosecution) and Kim Jung-hee (Public trial)

Attorney B (Korean National Assembly)

July 6, 2017

A defendant shall be punished by imprisonment for two years.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Criminal facts

On January 8, 2017, the Defendant: (a) was aware of the victim E (the 26 years of age) by drinking alcohol at the "Dju store located in Gangseo-gun, Gangwon-gun; (b) was moving G 404 to the Defendant's house located in the Gangseo-gun, Gangwon-do; and (c) was moving the victim under the influence of drinking alcohol to a H hotel near the victim's accommodation; (d) the victim was able to enter the victim's house on his/her own on his/her own on his/her own on his/her own, and (e) the victim was able to enter the victim's house at his/her own seat on his/her own on his/her own on his/her own on his/her own on his/her own on his/her own on his/her own, and (e) the victim was able to immediately leave the victim's body on his/her own, and (e) the victim was able to immediately leave the victim's body on his/her own, and (e) the victim's body on his/her own day.

Accordingly, the defendant detained the victim, and put the victim's sexual organ into the victim's mouth through violence or intimidation.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of resignation to E (alias), I, J, and K;

1. A table for dealing with 112 reported cases;

1. A report on investigation (the sequence 7 in list of evidence);

1. A CD of the G ConCCTV image, hotelCCTV image, and one CD;

1. Images of the CCTV location of the suspect's lodging house Gcondo;

Application of Statutes

1. Article applicable to criminal facts;

Article 297-2 of the Criminal Act and Article 276(1) of the Criminal Act (the point of detention)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (Punishments imposed on any crime of similar rape heavier than punishment)

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that there is no history of punishment against the defendant as a sexual crime, the crime in this case alone is hard to readily conclude that the defendant has a criminal tendency against many and unspecified persons; personal information of the defendant and the completion of a sexual assault treatment program can be expected to an extent to prevent recidivism even in light of all the circumstances, such as the defendant's age, family environment, social relationship, etc. as shown in the argument in this case, the disadvantage and anticipated side effect of the defendant's suffering from disclosure and notification orders, while the effect of the prevention of sexual crimes that can be achieved can be achieved can be relatively less. Thus, it is determined that the defendant is not required to disclose or notify personal information.

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for not less than two years nor more than thirty years; and

2. Scope of recommendations based on the sentencing criteria: The sentencing criteria shall not apply to each of the crimes in this case as the crimes in this case are in a mutually competitive relationship.

3. Determination of sentence;

The crime of this case was committed by the Defendant by detaininging the victim first before the crime was committed and committing similar rape, and the nature of the crime was poor; the degree of tangible force used by the Defendant at the time of the crime of this case is relatively heavy; the victim appears to have caused considerable mental shock and sexual humiliation due to the crime of this case; and the victim is still seeking punishment against the Defendant because the Defendant did not reach agreement with the victim, it is inevitable to punish the Defendant with severe punishment corresponding thereto.

However, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the records and arguments of this case, such as the confession and reflect of the crime of this case, the fact that the defendant has no record of being punished for the same crime or of being sentenced to suspended execution, the fact that the defendant has provided certain money to repay damage, the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc., and the circumstances after the crime.

Registration of Personal Information

Where a conviction becomes final and conclusive on a crime of similar rape in the judgment against the defendant, the defendant is subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same

It is so decided as per Disposition for the above reasons.

For the presiding judge or judge;

The same judge's identity

Judges Lee Young-young