2017Gohap669 Attempted Rape, Confinement

A

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

Law Firm B

Attorney C

Law Firm D

Attorney E, F, G, H

September 7, 2017

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

The defendant shall be ordered to take a 40-hour course for sexual assault treatment.

Criminal facts

On October 28, 2016, the Defendant came to know of the Victim J (I, 26 years of age) in Gangnam-gu Seoul around October 28, 2016, and sent text messages to K using K. On November 3, 2016, the Defendant provided meals to the victim with the victim, and suggested that the victim was more defective in the Defendant’s house, and the victim went to the house of the Defendant of Gangnam-gu Seoul Building 1009.

Around 22:40 on November 3, 2016, the Defendant, within the Defendant’s house, 22:40 on the following occasions: (a) she was frighted with the victim, and the victim was frighted to her arms of the victim who was fright back to her home, and was fright to fright the victim’s bat with her hand, and the victim was frighted to the victim’s bath with his her bath with her hand, cut off the victim’s bath with her hand, cut the victim’s bath with her hand, cut the victim’s bat, cut the victim’s bat from her face, and let the victim bat from her hand with her hand, cut the victim’s bat with her hand, cut the victim’s bat from the entrance, and tried to leave the victim’s bat from 20:10 on the rest of the victim, and continued 16:2 of the toilet.

Accordingly, the defendant tried to rape the victim, and detained the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each written statement of amnesty against J and M;

1. Seizure records;

1. Reporting on the occurrence of a disaster;

1. Each investigation report (Evidence list 9, 10, 23);

1. 112 Reporting case handling table;

1. Photographs, etc. as at the report;

1. A CCTV CD;

Application of Statutes

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

Articles 300 and 297 of the Criminal Act (the attempted rape) and Article 276(1) of the Criminal Act (the possession of confinement)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (Punishments imposed on attempted rapes with any heavier punishment)

[A prosecutor prosecuted the crime of attempted rape on the ground that the crime of attempted rape and the crime of attempted rape are in a substantive concurrent relationship. However, since confinement does not always involve confinement as a direct and necessary means at all times at the establishment of the crime of rape, confinement cannot be said to constitute a crime of attempted rape by absorbing the crime of attempted rape. In such a case, the crime of confinement and attempted rape are realized by a single act, and there is a commercial concurrence relationship under Article 40 of the Criminal Act (see Supreme Court Decision 83Do323, Apr. 26, 1983). In this case, the two acts of confinement and attempted rape are not only overlap in time and place, but also violence and intimidation, which is the means of rape. Thus, the crime of attempted rape and the crime of attempted rape are realized by a single act, and it is reasonable to view the crime of attempted rape as a commercial concurrence under Article 40 of the Criminal Act.]

1. Attempted mitigation;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Order to attend lectures;

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 same criminal history against the defendant; the crime in this case alone is difficult to readily conclude that the defendant has a criminal tendency against many and unspecified persons; personal information of the defendant and the order to attend the lecture for sexual assault treatment can be expected to have an effect on the prevention of recidivism even if the defendant's age, family environment, social relationship, etc. as indicated in the argument in this case. In addition, in light of all the circumstances such as the defendant's age, family environment, and social relationship, it is highly likely that the order to disclose and notify information will have a significant side effect on the defendant's disadvantage and anticipated side effect on the defendant's face, but it seems that the effect on the prevention

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Scope of recommendations on the sentencing criteria: The sentencing criteria shall not apply as the crimes of attempted rape and confinement are in an ordinary concurrent relationship.

3. Determination of sentence;

In light of the fact that the crime of this case was committed by the Defendant by deceiving the victim and attempted to rape by influorizing the fact that the victim was in his own house, and that the nature of the crime was not weak, and that the victim seems to have caused considerable mental shock and sexual humiliation, etc., the Defendant should be punished strictly.

However, the facts of the crime of this case are all recognized and reflected by the defendant, the defendant's consent does not punish the defendant, the defendant has no record of criminal punishment exceeding the same criminal record or fine, and the crime of this case seems to have committed somewhat contingent and contingent acts by the defendant. The crime of this case is about attempted rape crime of this case, and the defendant's age, character and behavior, environment, family relationship, means and result of the crime of this case, circumstances after the crime of this case, etc. are determined as ordered by taking into account various sentencing conditions specified in the arguments of this case, such as the defendant's age, character and behavior, environment, family relationship

Registration of Personal Information

Where a conviction becomes final and conclusive with respect to a crime of attempted rape committed against a defendant, the defendant shall be 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 shall be obligated to submit personal information to the competent agency pursuant to Article 43 of

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