2011 Highest 708, 2012 Highest 102(combined)

(a) Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof;

(Rape Rape, etc.)

(b) Special robbery;

(c) Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims;

(Special Robbery, Rape, etc.)

2011. The order to attach the 201. The first place, the second place, the second place, the second place, the second place, and the second place

Defendant of the Claimant

Jeon Young-young, leapon Line (prosecutions), public lodging, and stronger (public trial)

Attorneys Kim Jong-chul (Korean National Assembly Line)

May 4, 2012

A defendant shall be punished by imprisonment for ten years.

For a person subject to an application for attachment order, the attachment of an electronic tracking device shall be ordered for ten years. The matters to be observed in the attached Form shall be imposed on the person subject to the application for attachment order.

Criminal facts and the facts constituting the attachment order

On December 14, 2011, the defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") issued a summary order of KRW 500,000 as a crime of intrusion upon residence by the Daegu District Court on December 14, 201.

Criminal facts

[2011Gohap708]

1. Violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof;

On February 20, 2007, the Defendant, at around 05:50 on February 20, 2007, opened a studio door in which the victim Nonindicted Party 1 (n, 20 years of age) was located, opened a studio door, and opened a studio door, which was not corrected, prevented the victim from being involved in the studio from being involved in the studio, and threatened the victim with “a dangerous object being cited in another hand,” and threatened the victim’s resistance, and forced the victim into the victim’s panty, and sexual intercourse once, and raped the victim.

2. Around 08:00 on February 16, 2008, the Defendant: (a) committed rape with the victim Nonindicted Party 2 (Inn, 21 years of age) located in Daegu Suwon-gu, and (b) committed rape with the victim’s panty on the part of the victim; (c) the Defendant opened the entrance door with the key in the distribution of the front door and opened the studio as one hand; and (d) threatened the victim with a dangerous object being used for other descendants by threatening the victim to “influord the victim’s side interest; and (d) threatening the victim to “influord the victim’s back,” thereby suppressing the victim’s resistance; and (e) forced the victim to engage in sexual intercourse with the victim’s panty on one occasion; and (e) forced the victim to have 100,000 won in money on the part of the victim’s back [2]

3. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (special robbery, rape, etc.);

Around 08:25 on June 2, 2008, the Defendant intruded the victim Nonindicted 3 (the 26-year old), a dangerous object, by carrying with him the front door that was not corrected ( approximately 20 cm in length, 12-13 cm in length), and then cut the cash of the victim’s possession in the bend part of the bend part of the bend part of the bend part of the bend part of the bend part during the shower. Since the Defendant was waiting for the bend part of the shower, the Defendant tried not to have the victim enter the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the sexual.

Facts of the cause of attachment order

The defendant is recognized as a person who has committed a sexual crime on three occasions as above, and is likely to recommit a sexual crime.

Summary of Evidence

○ Nos. 1 and 2: 2011 Highis708

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

1. Examination protocol of the accused by prosecution;

1. Each police statement made against Nonindicted 1 and Nonindicted 2

1. Written reply to the request for appraisal, and each photograph thereof;

1. Investigation report (to attach a reply letter to a defendant's request for appraisal, on-site inspection photographs);

○ Paragraph 3 of the Decision: 2012 Gohap102

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement against Nonindicted 3

1. On-site identification paper, each photograph;

1. Investigation report (in case of attaching results of field identification appraisal);

1. Risk of repeating a crime: ① The defendant's risk of repeating a crime committed by carrying 20 women living in studio, with a deadly weapon prepared in advance, and repeatedly commits rape of the same and similar behavior; ② The degree of risk of recidivism of the defendant against the defendant in the process of investigating the claim conducted by the crime of paragraphs 1 and 2 of the judgment is applied to the assessment of recidivism risk of the defendant; ② the degree of risk of recidivism risk of the defendant's sex offender to the defendant is 11 points in total; ② the degree of risk of recidivism risk of the defendant's mental disorder is 10 points in total after the result of the examination of the sex offender's selection scheme (PCL-R); although the risk of repeating a crime falls under the intermediate level, it is recognized that the defendant's mental disorder risk was higher than that of the defendant's second offense after considering the growth environment, emotional and character characteristics, the degree of ability of guardian to support the defendant, the degree of risk of recidivism risk of the defendant's recidivism, and the content and degree of recidivism risk of the defendant's.

Application of Statutes

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

A. Determination Nos. 1 and 2: Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 5(1) of the former Act on the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof (Amended by Act No. 10258, Apr. 15, 2010; hereinafter referred to as the "former Act on the Punishment, etc. of Sexual Crimes"); Articles 319(1) and 297 of the Criminal Act

(b) The point of special robbery under paragraph (2) of the ruling: Articles 334 (2) and (1), and 333 of the Criminal Act;

(c) A special larceny and rape under paragraph (3): Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 12 and 5 (1) of the former Act on the Punishment, etc. of Sexual Crimes, Articles 331 (2) and 297 of the Criminal Act;

D. The upper limit of punishment for each crime in its holding: 15 years or less under the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter referred to as the "former Criminal Act").

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 (Aggravated Punishment of Sexual Crimes and Violation of the Act on the Protection, etc. of Victims (Aggravated Punishment of Concurrent Crimes prescribed in the Act on the Protection, etc. of Victims of Sexual Crimes) of the Criminal Act

1. Orders to attach an electronic tracking device;

(a) Article 5 (1) 3 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders subject to the requirements for issuance;

(b) Article 9 (1) 1 and (2) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders on the ground of issuance and the period of attachment;

(c) Article 9-2 (1) 4 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders subject to matters to be observed;

Although there are no specific criminal records with regard to sentencing, there are favorable circumstances for the defendant, such as the fact that he/she has committed a crime from the first and second investigation stage to recognize and reflect all of his/her mistakes, on the other hand, he/she has repeatedly committed a sexual crime of 20 primary and middle-class women living in his/her room with lethal weapons subject to crime three times, with heavy liability for committing the crime, even though the crime of rape does not reach the number of victims, it is difficult to find out the need to clearly distinguish the above types of sexual crimes from those of the defendant in terms of possibility of criticism, and that the defendant does not actually suffer from serious mental harm during the period of his/her own crime by taking into account the fact that he/she did not know of the fact that he/she had been sexual intercourse with the victim during the crime of this case, and that he/she did not suffer from considerable mental harm during the period of his/her own criminal punishment guidelines, such as the preparation of dangerous weapons in advance, and so on.

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

The presiding judge, the senior judicial officer

Judges Jeon Jae-hwan

Judges Park Young-young