logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
arrow
(영문) 창원지방법원 진주지원 2012. 5. 4. 선고 2011고합120,2011고합130(병합),2011전고15(병합),2011전고18(병합) 판결
[성폭력범죄의처벌등에관한특례법위반(특수강도강간등)·성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)·성폭력범죄의처벌및피해자보호등에관한법률위반(특수강간)·특수강도미수·야간주거침입절도·야간주거침입절도미수·성폭력범죄의처벌등에관한특례법위반(특수강도강간등)[인정된죄명성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)]·야간주거침입절도·사기·여신전문금융업법위반·부착명령·부착명령][미간행]
Defendant and the respondent for attachment order

Defendant

Prosecutor

Lee Jong-chul (Public Prosecution) and Park Jong-young (Public Trial)

Defense Counsel

Attorney Lee Han-sung (Korean)

Text

A defendant shall be punished by imprisonment for seventeen years.

The defendant's information about the defendant shall be disclosed through the information and communications network for 10 years (Provided, That the summary of the sex offense to be disclosed shall be limited to the crimes listed in the Decision 2, 3, 4, 5, 8, 10, 11-C and the crimes listed in the Decision 2, 201, 130 in the Decision 2, 201, 120).

Information on the accused shall be notified for a period of ten years (Provided, That the summary of the sex offense notified shall be limited to the crimes listed in Nos. 2, 3, 4, 5, 8, 10, and 11(c) of the Decision of the case and the crimes listed in No. 2, 201, 130 of the Decision of the case).

To the person subject to the request for attachment order, the attachment of an electronic tracking device shall be ordered for 20 years.

Matters to be observed as stated in the attached Form shall be imposed on the person requested to attach an attachment order.

Criminal facts and the facts constituting the attachment order

【Criminal Facts】

【2011 Gohap120】

The Defendant and the requester for an attachment order (hereinafter referred to as the “Defendant”) are operating a original farm in the east-gun (hereinafter omitted), while driving a cargo vehicle for the supply of original meat and the purchase of feed. From November 2000, the Defendant and the respondent for an attachment order (hereinafter referred to as the “Defendant”) have prepared for the cargo vehicle with a knife and knife the female knife with the knife ind place or on the house by threatening the knife, or having the knife with the knife, knife, knife, knife, ket,

1. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims against the victim non-indicted 1 (special rape);

피고인은 2000. 11. 25. 19:40경 충남 공주시 (이하 1 생략)에 있는 버스정류장 부근에서 혼자 걸어가는 피해자 공소외 1(16세, 여)을 발견하고, 피해자의 뒤로 접근하여 붙잡고 흉기인 용도불상의 칼을 피해자의 목에 들이대며 “꼼짝 마, 소리 지르지 마”라고 위협하여 반항을 억압하고 인근에 있는 비닐하우스 안으로 끌고 가 피해자의 옷을 강제로 벗기고 피고인의 성기를 피해자의 질속에 삽입하여 강간하였다.

2. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Special Robbery, Rape, etc.) against the victim Nonindicted 2;

Around 21:50 on April 14, 2005, the Defendant opened a entrance that was not corrected at the house of the victim non-indicted 2 (year 40, 80) located in Chungcheongnam-si, Chungcheongnam-si (hereinafter referred to as "2 omitted), and intruded into the entrance, thereby threatening the victim with a knife in the use, which is a dangerous weapon, and imprising the victim’s knife with a knife, with a knife, which is a dangerous weapon, and applied the victim’s knife and knife the victim’s knife with a knife, and knife the victim’s knife, which was prepared in advance, 100,000 won in cash, cash card, etc., knife the victim’s knife and knife the victim’s knife into the knife.

3. A violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof and an attempted special robbery against the victim Nonindicted 3;

At around 01:40 on August 15, 2008, the Defendant: (a) opened the victim Nonindicted 3 (year 49, nivers) house in Jinju-si (hereinafter omitted); (b) opened the victim’s suffering; (c) opened the victim with a knive knife in the knife of his use; and (d) opened the victim’s knife in the knife with the knife of his knife; and (d) opened the victim’s knife with the knife of his knife, sound knife; and (d) emnife the victim’s knife with the victim’s knife’s knife with his knife, knife

The Defendant continued to knife the victim with the above knife, “the knife exactly where the spare anywhere the spare?” and the Defendant voluntarily withdrawn the property, but the victim was mard with his windows, and the Defendant did not commit an attempted crime without having the intent to “spare, spatch”.

4. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims against the victim Nonindicted 4 (Special Rape);

Around 01:00 on Nov. 4, 2008, the Defendant: (a) invaded the victim Nonindicted 4 (year 17 years of age and inn; (b) intruded the victim’s room beyond the wall to prevent the locked; (c) put the Cheong tape prepared in advance on the victim; and (d) bound the victim’s hand by her stringing the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the 2008, thereby committing rape.

5. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof and attempted special robbery against the victim non-indicted 5;

At around 02:00 on August 29, 200, the Defendant: (a) faced the victim Nonindicted 5 (year 17, n, n) house in Jinju-si (hereinafter omitted) with a string the knife in the knife of the knife of the use of a deadly weapon, which is a deadly weapon listed on the victim; (b) threatened the knife with the knife of the knife; and (c) put the knife on the knife of the knife; and (d) knife the knife on the knife on the knife, knife the knife of the victim, knife the knife, knife the victim, knife the victim’s s

The Defendant continued to have been forced to withdraw money and valuables to the victim who is in the state of suppression as above, i.e., where the money and valuables, but the victim was forced to receive money and valuables. However, the victim did not have the intent on the wind that the victim did not speak at the place of money and valuables.

6. Crimes of special robbery against the victim non-indicted 6

On January 20, 2010, the Defendant, around 23:15, 2010, entered Jinju-si (hereinafter omitted) beyond the fenced at the house of Nonindicted Party 6 (year 76, n, n, the Defendant: (a) knife the victim with a knife of the use, which is a lethal weapon; (b) knife the money and valuables; and (c) knife the victim’s withdrawal of the money and valuables, but did not commit an attempted crime by pushing the victim with the wind of refusing it and passing through sound.

7. Attempted special robbery against the victim Nonindicted 7

Around 23:50 on May 4, 2010, the Defendant took a knife knife in the body of the victim Nonindicted Party 7 (year 41 and n), which was located in Jinju-si (hereinafter omitted), and took a knife in the body of the victim Nonindicted Party 7 (year 41 and n) and took a knife in order to find money and valuables, and carried the knife with knife the victim, and took the knife with knife the knife, which is a lethal weapon, and carried the knife with knife the victim. However, the Defendant failed to carry out an attempted money and valuables from the victim.

8. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special robbery, rape, etc.) against the victim Nonindicted 8;

On July 13, 2011, the Defendant: (a) 00:02 Jinju-si (hereinafter omitted) entered the house of Nonindicted 8 (age 60, n, n) in Jinju-si (hereinafter omitted; (b) and took the snow of the said victim, and then took a knife with a knife of the use, which is a dangerous weapon, in the right side of the victim; and (c) put the knife the knife on the front side of the victim, with a knife of the victim’s knife, and put the knife on the knife, with a view to finding money and valuables to be taken by force after cutting down the knife the knife, and instead failed to find it.

The Defendant continued to walk the above victim’s pursuant to softening softens, and threatened panty with tear, chucks, and chucks in the knchbbbbbbbbs, and led the Defendant to string against resistance, and raped the Defendant’s sexual organ by inserting it into the victim’s quality.

9. A person who attempted to larceny at night against the victim Nonindicted 9

On August 5, 2011, around 20:30, the Defendant: (a) obstructed the Victim Nonindicted 9’s house located in Jinju-si (hereinafter omitted); (b) obstructed the Defendant, she was unable to commit an attempted crime by having the Defendant turn on the front of the living room by returning home after having finished his/her work, and discovered the Defendant’s turn on the back of the living room.

10. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special robbery, rape, etc.) against the victim non-indicted 10

At around 21:40 on September 15, 201, the Defendant opened a second floor window with the roof operated by Nonindicted Party 10 (54 years of age, n, n, n) in Jinju-si (hereinafter omitted), and opened it to the “○○○○○○○○○○,” and threatened the victim with a dangerous weapon, knife the knife of the use, which is a deadly weapon, and hacks the victim with snow and knife with the hearing tape, and knife the victim’s knife with the knife with the knife, and knife the victim’s knife with the knife with the knife, the victim’s knife with the knife’s knife, and knife the victim’s knife and knife the victim’s knife.

11. Crimes against the victim Nonindicted 11

(a) Night theft;

On September 23, 2011, the Defendant intruded into the inner bank through the window of the living room, which was not corrected in the house of Nonindicted Party 11 (year 44, female) located in Busan (hereinafter omitted), and 2,000 won in cash and 200,000 won in the market price.

(b) Night theft;

On September 20, 201, the Defendant invadedd the house of the above victim, and stolen 50,000 won in cash, resident registration certificates, credit cards, etc., and 10,000 won in the warehouse.

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

At around 00:20 on September 24, 2011, the Defendant discovered the victim who was frighted in the bed, and discovered the victim from the bed through a door that was not corrected at the bed, and used a knife knife, which is a deadly weapon located in the bed, to go against the victim’s gate and knife the knife, “the knife face inside the bed,” and attached the hack tape prepared in advance to the victim’s eye and knife the knife with the knife and knife with the knife and knife with the knife’s knife’s knife and knife’s knife’s knife’s knife’s knife’s knife’s knif.

12. Night larceny against the victim Nonindicted 12

At around 20:30 on October 26, 201, the Defendant: (a) opened and intruded the first window in the office of Nonindicted Party 12, the victim Nonindicted Party 12, located in the Jeonju-si (hereinafter omitted); and (b) cut off with a cash of KRW 80,000,000,000, the market price of KRW 750,000,000,000, KRW 100,000, KRW 100,000, KRW 4,000, KRW 20,000, KRW 1,000.

【2011 Gohap130】

1. Crimes against the victim Nonindicted 13

(a) Night theft;

On February 13, 2009, at around 21:30, the Defendant invaded the house of Nonindicted Party 14, located in 201, which was located on TV, into the house of Nonindicted Party 14, and stolen the Defendant, with one verification color bank card 1, cash 50,000 won, resident registration certificate, and seal imprint, which are owned by Nonindicted Party 13, the female 14, who was on TV.

(b) Fraud, violation of the Specialized Credit Finance Business Act;

On February 14, 2009, the Defendant purchased goods equivalent to KRW 22,00 at “△△△△△△△△△” operated by Nonindicted Party 15, the victim Nonindicted Party 15, who was in the front-to-Eup (hereinafter omitted), and presented the victim’s signature of Nonindicted Party 13 as one of the legitimate users, and presented the victim’s signature in the credit card sales slip printed out by the victim through computerized processing, and received the said goods from the victim from the victim from 14:57 on the same day, and used the stolen credit card.

2. The written indictment against the victim Nonindicted 16 on the violation of the Act on the Punishment, etc. of Sexual Crimes and the Protection of Victims (Special Robbery, Rape, etc.) is written as “violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Robbery, Rape, etc.)” but it appears to be an obvious clerical error in the “Violation of the Act on the Punishment, etc. of Sexual Crimes and Protection of Victims thereof (Special

On September 25, 2009, at around 02:05, the Defendant invadedd the victim’s face through a 16th (years 54 and n) house of the victim non-indicted 16 (years 54 and n, which was not corrected, and threatened the victim’s face, “the victim’s face hump hump humd,” “the victim’s face humd,” hump prepared in advance, hump the victim’s face, hump the victim’s face, hump the victim’s face, and obstructed the victim’s face by humbing the victim’s face, and humd the victim’s face into the victim’s quality. After continuing to do so, the Defendant raped the victim’s sexual organ by inserting it into the victim’s quality.

[Fact of Grounds for Filing Requests for Attachment Orders]

As above, the Defendant has committed two or more sexual crimes, thereby recognizing the habits of such crimes, and is likely to recommit a sexual crime.

Summary of Evidence

【2011 Gohap120】

[Fact 1]

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

1. The police statement of Nonindicted Party 1

[Judgment of the court below]

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

1. The police statement of Nonindicted Party 2

1. A report on investigation;

1. Requests for genetic appraisal by the National Institute of Scientific Investigation;

1. On-site photographs;

[Each fact of No. 3 at the Time of Sales]

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

1. The police statement of Nonindicted 3

1. A complaint filed by Nonindicted 3

1. A report on investigation;

1. Requests for appraisal by the National Institute of Scientific Investigation;

1. On-site photographs, on-site maps and maps;

【Fact 4 at the Time of Sales】

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

1. Nonindicted 4’s statement of statement

1. Non-Indicted 4’s report on damage

1. Each report on investigation;

【Each Facts of No. 5 at the Time of Sales】

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

1. The police statement of Nonindicted 5

1. Each report on investigation;

【Fact 6 at the Time of Sales】

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

1. The police statement of Nonindicted 6

1. Each report on investigation;

1. Requests for an adequate appraisal at a criminal scene;

【Fact 7 at the Time of Sales】

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

1. The police statement of Nonindicted 7

1. Each report on investigation;

1. On-site adequate photographs, and on-site inspection logbooks;

【Fact 8 at the Time of Sales】

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

1. Each police statement made against Nonindicted 8 and 17

1. A report on investigation;

1. Requests for each appraisal;

1. Location and on-site photographs;

[Fact 9]

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

1. The statement of Nonindicted 9

[Fact 10]

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

1. The police statement of Nonindicted 10

1. A complaint filed by Nonindicted 10

1. A report on investigation;

1. On-site requests for appraisal and response to requests for appraisal;

1. On-site photographs;

【Each Facts of Section 11 at the Time of Sales】

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

1. Each police statement made against Nonindicted 11 and 18

1. A report on investigation;

1. Requests for genetic appraisal of robbery cases and response to requests for appraisal;

1. On-site inspection, temporary burial site, on-site map and photographs, collecting appraisal articles, and on-site photographs;

【Fact-finding 12】

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

1. The statement of Nonindicted 12

1. The list of seizure;

【2011 Gohap130】

【Each Facts of No. 1 at the Time of Sales】

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

1. The police statement of Nonindicted 13

1. Each statement of Nonindicted 19, 20, and 21

1. Investigation reports on the attachment of credit card transactions, sales slips used by the suspect, and investigation reports on the suspect card users;

[Judgment of the court below]

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

1. Each police statement made against Nonindicted 16 and 22

1. A report on investigation;

1. Requests for appraisal;

【Risk of Reoffending at the Time of Sales】

① The Defendant repeatedly committed sexual crimes as indicated in its holding against many unspecified victims, ② The degree of risk of recidivism of the Defendant’s sexual crime falls under the intermediate level of “inmediate” as the total point 11 as a result of the application of the Korean evaluation of risk of recidivism of the Defendant against the Defendant (the prior investigation of the Defendant and the prior investigation of the judgment was conducted with respect to the Defendant, and at the time of the prior investigation of the claim, the degree of risk of recidivism of the sexual crime was assessed to be 15 points above the total point), and the Defendant’s mental personality attitude is assessed to be “inmediate” as the total point 19 points after the result of the examination of the prior investigation of the claim and the prior investigation of the judgment (the degree of risk of recidivism of the sexual crime was assessed to be “highly” as the total point 19 points. In light of the following, the Defendant’s mental personality and behavior, awareness of the sex offense of the Defendant, and the need to keep the Defendant from recidivism through the electronic tracking device after the release of the Defendant.

Application of Statutes

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

Article 4 of Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010); Article 6 (1) of the former Act on the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010; hereinafter the same shall apply); Article 297 of the Criminal Act [the special rape of the victim, Article 47 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter the same shall apply); Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010); Article 3 of the former Act on the Punishment of Sexual Crimes and Protection of Victims Thereof; Article 34 (1) and (2) of the Criminal Act; Article 297 of the former Act on Special Rape; Article 47 of the former Criminal Act on the Protection of Victims of Sexual Crimes;

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Robbery, Rape, etc.) with respect to the victim Nonindicted 11 who has the largest punishment and punishment)

1. An order for disclosure;

Article 37 (1) 1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Provided, That the summary of sex crimes provided to the public disclosure order shall be limited to the crimes listed in Article 2, 3, 4, 5, 8, 10, 11-3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and those listed in paragraph (2) 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 Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Provided, That the summary of sex crimes provided with an order to notify shall be limited to the crimes listed in Article 2, 3, 4, 5, 8, 10, 11-3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and those listed in paragraph (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Issuing an order to attach an electronic tracking device and matters to be observed;

Article 9(1)1, Article 5(1)3, Article 9-2(1)1, 2-2, 3, and 4 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders

Reasons for sentencing

The crime of this case is committed by the Defendant, 5 times special robbery and rape, 4 times special rapes, and 4 times special robbery. The Defendant committed robbery and sexual assault against 11 female victims by carrying lethal weapons at night in order to forcibly take and steal property, and repeatedly committed robbery and sexual assault against other female victims under the method of rape in order to prevent the victims from reporting in the course of taking property by force. The Defendant planned to commit robbery and sexual assault against the victims before committing the crime, such as the preparation of deadly weapons, ropes, thrings, skes, and blue tapes, etc. before committing the crime. The victims are expected to have suffered significant mental shock. Nevertheless, considering the fact that the victims do not take any measures to receive a letter from the victims or recover damage, it is inevitable for the victims to be punished by the victims, and that there is a serious and serious need to punish the victims of sexual assault against many and unspecified persons, and thus, it is necessary to seriously undermine the social order in general.

However, considering the circumstances favorable to the defendant that the defendant committed the crime of this case while all of the crimes of this case, the defendant reflects his mistake in light of the defendant's age, character and conduct, motive for the crime of this case and circumstances after the crime of this case, the punishment as ordered shall be determined by taking into account all other circumstances that form the conditions for sentencing specified in the arguments

Registration of Personal Information

Where a conviction becomes final and conclusive with respect to each of the crimes listed in Articles 1 through 5, 8, 10, and 11-C as stated in the ruling on sexual crimes subject to registration, and the crimes listed in paragraph (2) of Article 201-Gohap130 as indicated in the ruling on the case, the Defendant is a person subject to registration of personal information under Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is obligated to submit personal information to the competent agency pursuant to Article 33 of the

[Attachment]

Judges Oral (Presiding Judge)

arrow
본문참조판례