2013Gohap33, 76(combined) Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (relatives)

officers of a sexual crime, etc.

violation of the Act on Special Cases Concerning the Law of the Republic of Korea (Indecent act by blood relations);

Violence

2013. Attachment orders (combined) 11

Claimant StateA

Impeachment (prosecutions) and Lee Jong-hoon (public trial)

Attorney Kim Sang-gun (Korean National Assembly Line)

May 16, 2013

A defendant shall be punished by imprisonment for seven years.

The information on the accused shall be disclosed and notified through the information and communications network for ten years (However, the summary of the sex offense disclosed and notified shall be limited to the crimes No. 2 and No. 3 of the ruling).

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 attached Form 1 shall be imposed on the person subject to the application for attachment order.

Criminal facts and the facts constituting the attachment order

【Criminal Facts】

The defendant is the husband of the DamageB, and the father and father of the State0.

1. A. At around 21:00 on the date of July 2009, the Defendant assaulted the victim, such as “I wish to Chewing and die”, on the ground that the victim was her wife, who was in dispute with the victim’s grandchildren (at the time, 29 years of age) at his residence in Kimhae-si, on the ground that “I will see the victim’s wife who was the wife of the Defendant, and her wife was her wife at the time,” and that “I want to sing to sing the victim, I want to sing to sing the victim,” and that I am the victim’s free will with his hand.

B. On September 19, 201, at around 19:00, the Defendant assaulted the victim on the ground that the victim’s grandchildren (at that time 31 years of age) called “the victim’s grandchildren (at that time) in his residence located in Kimhae-si, Kim Jong-si, 201 stated that the victim’s currencies with other women would not have been able to have been divorced or divorced.” On the ground that the victim’s head was frightened, and the victim’s head was two times at the hand floor, etc. on the victim’s head was frightened. On April 2012, the Defendant frighted the victim’s head, and frightened the victim’s head on the street before his residence located in Kimhae-si, Kim Jong-si, at around 01:00 on the day of April 2012, the victim was 32 years of age at that time, but the victim was asked to the frighter and asked him.

라. 피고인은 2012. 6. 17. 16:00경 김해시 D에 있는 주거지 건너편 집 마당에서 그 집주인이 시끄럽게 한다며 따지러 간 피고인을 피해자 손B이 제지한다는 이유로 피해자를 벽 쪽으로 밀친 후 양손으로 피해자의 목을 조르는 등 피해자를 폭행하였다. 2. 피고인은 2011년 6월 일자불상 22:00경 김해시 D에 있는 피고인의 집에서 누워 있는 피해자 주○○(여, 당시 13세)에게 다가가 욕설을 하고 "가만히 있어라"고 소리를 질러 피해자가 반항하지 못하게 한 다음 피해자의 옷 속에 손을 집어넣어 양쪽 젖가 슴, 음부를 만지고 손가락을 피해자의 질 속에 집어넣고 입으로 음부를 빤 것을 비롯하여 별지2 범죄일람표에 기재된 것과 같이 그 무렵부터 2013. 1. 17.경까지 사이에 총 14회에 걸쳐 친족관계에 있는 피해자를 강제추행하였다.

3. On December 28, 2012, at around 23:00, the Defendant attempted to rape with the victim’s ○○○○○○ (at that time, 14 years old) who was accumulated in the Defendant’s house located in Kim Jong-si, Kim Jong-si, that was, the Defendant met with the victim’s suck and part of the chest and part of the victim’s chest, and that “the son, who was about 14 years old” did not resist the victim, and that the Defendant did not commit an attempted crime by putting the victim out of all the lower part of the victim, while she did not go against the victim’s shoulder while facing the victim’s shoulder.

【Fact of Grounds for Attachment】

As above, the Defendant committed a sexual crime against a minor under the age of 19, and committed a sexual crime two or more times, and has a habit of committing such crime, and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. The statement of each police officer made to 0 weeks and BaB;

1. The risk of recidivism of a sexual crime as indicated in the judgment: (a) the following circumstances recognized by the evidence and the statement in a reply to an investigation before a request for an attachment order; (b) the Defendant committed repeatedly a sexual crime against the victim ○○○, who is from June 201 to January 17, 2013, over a long period of time; (c) the Defendant first committed a sexual crime with the victim 13 years old to 14 years old; (d) the Defendant was able to put his hand into the clothes of the above victim; but (d) the degree of indecent act, including the Defendant’s appearance and appearance, was aggravated, and the Defendant tried to rape; (e) the Defendant’s ability to commit such crime was found to have continued to have committed a sexual crime with the victim’s awareness of the risk of recidivism, and (e) the Defendant’s awareness of the risk of recidivism by means of the victim’s personality and behavior at least 3 years old, as a result of the Defendant’s evaluation of the risk of recidivism by force.

Application of Statutes

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

Article 260(1) of the Criminal Act (the point of violence and the choice of imprisonment), Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, Articles 14 and 5(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act (the point of attempted rape based on the relation of relatives)

2. 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 the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with the largest penalty (Rape in Relatives)]

3. An order for disclosure;

Article 38 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (limited to each crime described in paragraphs (2) and (3) at the time of sale)

4. An order to notify;

Article 38-2 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (limited to each crime described in paragraphs (2) and (3) at the time of sale)

5. Attachment orders;

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

6. Imposition of obligations;

Registration of personal information under Article 9-2 (1) 3 and 4 of the Act on Probation, Electronic Monitoring, etc. of Specific Criminal Offenders

The Defendant is obligated to submit personal information to the competent authority pursuant to Article 34 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (in the case of rape in relation of relatives, and the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (in the case of indecent act by force based on relatives).

1. Reasons for sentencing: Imprisonment with prison labor for up to 45 years;

2. Application of the sentencing criteria;

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

[Determination of Punishment] A sex crime, general standard, crime of indecent act by compulsion (persons aged 13 or older). Indecent act by blood relatives

[Special Person] A victim vulnerable to a crime

[Determination of Recommendation] Aggravation [Scope of Recommendation] 4 years to 7 years

【General Mitigation elements】 Serious reflect

[General Aggravation] In the case of a person with a kinship, where the person is a crime against a juvenile;

(b) Each crime of violence;

[Determination of type] Violence. Violence. General Violence

[Special Aggravation] When a crime has been committed repeatedly over a considerable period of time

[Determination of Recommendation Area] Aggravation

[Scope of Recommendation] From April to one year

【General Mitigation elements】 Serious reflect

(c) Sentencing is not applicable to an attempted rape in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

(d) Criteria for handling multiple crimes;

Imprisonment for not less than four years (limited to the lower limit of the sentencing criteria because of concurrent crimes for which the sentencing criteria are set and those for which the sentencing criteria are not set).

3. The sentence of sentence is that the victim committed the crime of indecent act by compulsion and attempted rape against the victim during a period of about one year and ten months from the age of 13 to the victim, and the crime is very serious in light of the frequency, attitudes, etc. of the crime, and the defendant, who is obligated to protect and rear the victim as his father and father of the victim, has been sexually fluored for a long time by taking advantage of the status of father and the status of the defendant as his father and under the circumstances of the victim who cannot but live, and thus, has a high possibility of social criticism.

In addition, considering the fact that the victim suffered from severe mental pain to the point that he would wish to die due to the crime of this case, the victim suffers from a life-long mental suffering, and that it is difficult to establish a correct sexual values and sound children in the future. Furthermore, even though the defendant had several criminal records of violent crimes, he/she committed violence against the victim's grandchildren who are his/her spouse, such as the victim's son who was his/her spouse, the victim's face was frightened, or the victim was boomed, and all victims want to be punished by the defendant, a severe sentence is inevitable for the defendant.

However, considering the fact that the defendant is recognized as committing the crime and has a depth, that the defendant has no record of being sentenced to the punishment, the defendant's age, character and behavior, environment, details and result of the crime, degree of damage, circumstances after the crime, etc., the punishment is imposed as ordered by considering all of the sentencing conditions in this case.

The judge of the presiding judge shall complete the examination

Judges Park Jong-do

Judges Kim Gin-Un