2012Gohap1328 Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof

anti-domination by blood, sexual crime, or sexual crime

Violation of the Punishment Act and the Protection of Victims, etc.

Commission, the punishment of sexual crimes, the protection of victims, etc.

Violation of the Act (Minor Rape, etc. under thirteen years of age), sex

Violation of the Act on Special Cases concerning the Punishment, etc. of Violence Crimes

the Act on the Protection of Children and Juveniles against Sexual Abuse,

Violation (Rape, etc.) 1

2013. 8 (Joint Attachment Orders)

Dai-ri, e.g., 67 years of birth, South Korea) and

Housing Sog-gu, Housing Sog-gu

Seoul basic domicile

Kim-hee (Court Prosecutions) and Kim South (Court Trials)

Law Firm Jin-jin

Attorney Lee Ji-eng

March 14, 2013

A defendant shall be punished by imprisonment for seven years.

Disclosure of information on the accused shall be made public through an information and communications network for ten years.

The notice of information on the accused shall be notified for a period of ten years (Provided, That the summary of the sexual crime notified shall be limited to the facts stated in paragraph (3) of the judgment).

To the person against whom the attachment order is requested, the attachment of an electronic tracking device shall be ordered for ten years.

Matters to be observed as stated in the attached Form shall be imposed on the person subject to the request for attachment order.

Facts of the cause of the request for crime and attachment order

[Criminal Facts]

The defendant is the father and father of the victim, who is the father and father of the victim. The defendant is the father and mother of the victim (n't, December 26, 1997).

1. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (indecent act by blood), and violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (indecent act by blood),

In 209, the Defendant, at the home of the Defendant of the Heungdong-gu, Youngdong-gu (at the time, from 11 to 12 years of age) committed an indecent act by force against the victim, who was taking a bath together with the victim (at the time, she saw the victim's sexual desire, and she satisfe the victim's chest, and was under 13 years of age, as soon as he she was her

2. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Rape by Relatives), and violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Minor Rape, etc. under thirteen years of age);

A. In 2009, the Defendant attempted to commit rape on the part of the victim at the same location as the above paragraph (1) of the same Article, where the victim (from the age of 11 to 12 at the time) and the her bath were frightened, she was unable to resist by taking the victim’s clothes on the victim’s clothes after taking the victim’s chest, and she was trying to put the victim’s sexual organ into the part of the victim’s sound, but was attempted to rape the victim under 13 years of age by leaving the victim’s sexual organ into the part of the victim’s sound.

B. At around 2009: 00 to 01: Around 00, the Defendant entered a room where the victim (at the time between 11 and 12 years of age) was in the same place as the above paragraph (a), checked the victim’s appearance, and prevented the victim from putting the victim on his/her own, and attempted to put the victim’s sexual organ into the victim’s sound book, and put the victim’s sexual organ into the victim’s sound book, but attempted to rape the victim under 13 years of age by giving up his/her panty, but failed to put the victim’s sexual organ into the victim’s sound book.

3. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives) and violation of the Act on the Protection of Sex Offenses of Children and Juveniles (Rape, etc.);

Around 00 to 04: Around 00, the Defendant: (a) reported that the victim (at the time, 13 years of age) was in her house at the office of the Defendant at Chicago-si, the Defendant: (b) tried to leave the bed and put his sexual organ into the part of the victim’s drinking, and (c) attempted to leave the bed and inserted the victim’s pande, and then failed to go against the victim’s panty; (d) but (e) waived the victim’s sexual organ into the part of the victim’s drinking, but attempted to rape the victim, who is a child or juvenile, who is a relative, in his/her family relation, and attempted to commit an attempted rape, even though he/she attempted to commit an attempted rape.

【Fact of Grounds for Requesting Attachment Orders】

The Defendant, as above, committed a sexual crime against a minor under the age of 16 on at least two occasions, thereby recognizing the habition thereof, and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the prosecutor's office and police interrogation protocol of the defendant

1. A complaint filing statement, diagnosis statement, stenographic records, and family relation certificate (Evidence List No. 1, 3, 8, 9);

1. The risk of recidivism and recidivism of sexual crimes committed in the judgment;

The following circumstances recognized by the above evidence and by the prior investigation report on the defendant

In other words, the defendant did not restrain his sexual desire and committed the sexual crime of this case repeatedly over 2 years against the victim who is a relative who is 11 to 13 years old without his sexual desire, and had been committed repeatedly over 12 years, the victim's re-influences the defendant due to his kinship with the defendant, etc., and the risk of exposure to the crime similar to the crime of this case is likely to be exposed to the defendant. According to the result of the examination of Korea sex offender recidivism risk assessment (K-STRAS), the defendant's recidivism risk assessment was assessed as a relatively low point (10 points). In full view of the background of the crime of this case, method of the crime of this case, the defendant's age, occupation and family environment, awareness and attitude of sex, etc., the risk of recidivism of sexual crime and recidivism against the defendant is recognized.

Application of Statutes

1. Article applicable to criminal facts;

Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010); Article 7 (2) 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 298 of the Criminal Act (amended by Act No. 106, Apr. 15, 201; hereinafter the same shall apply); Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter the same shall apply); Article 8-2 (3) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof; Article 298 of the former Criminal Act (amended by Act No. 10655, Apr. 15, 201; hereinafter the same shall apply); Article 297 of the former Criminal Act on the Punishment of Rape

1. Commercial competition;

Articles 40 and 50 of the Criminal Act [1] Articles 40 and 50 of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Indecent Act by Relatives) and the Punishment of Sexual Crimes (Indecent Act by Relatives) due to Indecent Act, and the Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (Indecent Act by Relatives, etc.), the punishment provided for in the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (indecent Act by Relatives, Indecent Act by Relatives), the punishment provided for in the Act on Special Cases concerning the Punishment of Sexual Crimes and Protection of Victims Thereof; 2) the crimes of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (indecent Act by Relatives) and each attempted rape; 3) the punishment provided for in the Act on Special Cases concerning the Punishment of Sexual Crimes, etc. of Victims thereof; 40 and 50

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 resulting from a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with the most severe punishment (Rape with Relatives)]

1. An order for disclosure;

The crimes listed in paragraphs 1 and 2 of the judgment: Article 3(4) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 10391, Jul. 23, 2010; Act No. 9765, Jun. 9, 2009); Article 7(2), (5), and (1) of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 9765, Jun. 9, 2009; Act No. 38(1)1 of the main sentence of Article 38(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Crimes in Paragraph 3 of Article 38: The main sentence of Article 38(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; 11. Notification Order

The main sentence of Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Article 5 (1) 3 and 4, Article 9 (1) 2 and (2), and Article 9-2 (1) 3 and 4 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders (Amended by Act No. 11556, Dec. 18, 2012);

Grounds for sentencing

1. The scope of punishment by law;

From 7 years to 45 years of imprisonment.

2. Scope of sentence by the sentencing criteria; and

(a) Basic crime: A person who commits a crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a) and thus, does not apply the sentencing criteria;

(b) A concurrent crime 1) A violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof.

[Determination of Type] Sex Crime Group, General Standards, Crime of Indecent Act by Compulsion (subject to 13 years of age or older), Type 2 (Indecent Act by Indecent Act by Relatives)

【Special Aggravations: None of the elements of increase or decrease:

[Scope of Recommendations] Imprisonment of 2 years and 6 months to 5 years (basic areas)

[General Aggravations] Aggravations: Crimes in the form of punishment under Article 5 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Measures to reduce the use of personal trust relationship: 2) Violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (Rape, etc. of Minors under thirteen years of age) due to attempted rape, and the sentencing guidelines do not apply.

(c) Criteria for handling multiple crimes;

The basic crime to which the sentencing guidelines apply is not applicable, and the concurrent crime under the former part of Article 37 of the Criminal Act, and the lower limit of the scope of sentence recommended by the sentencing guidelines is lower than the statutory applicable sentences, so the applicable sentencing guidelines shall be governed by the statutory applicable sentences.

3. Determination of sentence;

Although the defendant is responsible for protecting and raising a her father's friend, he/she has used his/her superior position that he/she is his/her father to take advantage of his/her father's sexual intercourse with the victim's age whose sexual values have not been established, and repeatedly committed an anti-human act of indecent act by compulsion, rape, and attempted rape for the last two years. The crime of this case is extremely poor in the nature of the crime, and the possibility of criticism is very high. Considering that the defendant's crime of this case is obvious that the victim and his/her family members have suffered from serious mental impulse and mind that it is difficult for him/her to commit the crime of this case, the defendant should be strictly punished (the defendant was submitted to an investigation agency with a letter of cancellation of complaint under the name of the victim who is not punished by the defendant, but according to the investigation report according to the sentencing investigation order of this court, the mother of the victim was informed of economic problems, such as school expenses, and the victim submitted the above letter of cancellation without his/her consent, and it cannot be acknowledged that the defendant stated the above facts.

However, after the defendant was detained in this case, all of his criminal acts are divided and reflected, and the defendant has no other criminal records except the suspension of indictment due to a violation of the Copyright Act prior to the case, and all of the sentencing factors shown in the arguments in this case, such as the defendant's age, character and conduct, family environment, etc. shall be determined as ordered by considering the whole sentencing factors as shown in the arguments

Where a conviction of a defendant is finalized on the criminal facts in the judgment that is a sex offense against a registered child or juvenile, the defendant is a person subject to registration of personal information under Article 33 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the defendant is obligated to submit personal information to the competent agency pursuant to Article 34 of the same Act.

Judges Kim Jong-chul

Judges Jeon Soo-tae

Number of judges;

1) On April 20, 2012, the name of the crime was changed due to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape).

A person shall be appointed.