2013Gohap90 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

A

The largest balance of revenues and expenditures, and the highest balance of trials;

Attorney B (Korean National Assembly)

June 28, 2013

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

The information on the accused shall be disclosed and notified through an information and communications network for five years.

Criminal facts

On May 11, 2013, the Defendant: (a) discovered the victim D (at around 19 years of age) who walked in front of the convenience point in the Jeonju-gun, 10:00; (b) took a warning to see whether the victim was present at a filmer or a factory following the victim; (c) confirmed the victim’s house; (d) confirmed the victim’s house at around 04:00 on May 12, 2013, when the victim refused and continued to walk, and opened a gate where no correction was made; and (e) opened the gate at the victim D’s house located in the Jeonju-gun, Jeonju-gun, and opened it. The Defendant tried to detect the victim who was locked at that place; (e) opened the victim’s knife by inserting the victim’s knife; and (e) opened the victim’s knife with the victim’s knife by inserting the knife; and (e) opened the victim’s k.

Accordingly, the defendant invadedd the victim's residence and attempted to rape the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement made by the prosecution concerning D;

1. Investigative reports (Attachment of on-the-spot photographs), photographs, such as the oil paper, photographs of the suspect, investigation reports (specific suspects), investigation reports (Attachment of a written table of examination reports), requests for appraisal, written expert opinions, investigation reports (the investigation of the suspects at the time of the case), and photographs of the suspect's attachment;

Application of Statutes

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

Articles 14 and 3(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11729, Apr. 5, 2013; hereinafter “former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes”); Articles 319(1) and 297 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012);

1. Statutory mitigation;

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

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Order to complete programs;

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

1. An order for disclosure;

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

1. An order to notify;

Article 41 (1) 1 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Registration of Personal Information

Where the conviction of this case becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 32 (1) of the former 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 33

The reason (the sentencing criteria shall not apply because it is a criminal who is attempted) for sentencing.

The crime of this case is likely to seriously punish the defendant in light of the fact that the defendant had confirmed the victim's residence in advance and attempted rape with the victim's attempt to commit rape at night, and the nature and circumstances of the crime are not very good. The fear and sexual humiliation that the victim could have experienced due to the crime of this case, and the defendant committed the crime of this case repeatedly even though he had been punished twice due to the same crime, despite the fact that the defendant committed the crime of this case.

However, the defendant recognized the crime of this case and is in depth divided, the crime of this case is committed in attempted attempt, the defendant does not want the punishment of the defendant, the age, character and behavior, environment of the defendant, the circumstances leading the defendant to the crime of this case, the means and result, and other various sentencing conditions under Article 51 of the Criminal Act, such as the situation before and after the crime of this case, shall be determined as the order.

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

The presiding judge, judges, lecture ethics

Judges Song-ho

Judges Il-ho