2016Gohap431 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.)

(B) special confinement;

2016 Written 22 (Joints) Attachment Orders

Persons whose attachment order is requested;

A person shall be appointed.

Residence

Reference domicile

Inception (prosecutions) and inception (public trial)

Attorney ○○○ (Non Line)

December 8, 2016

A defendant shall be punished by imprisonment with prison labor for 12 years.

In excess of seizure (23cm in length, 12cm in blade, 11cm in knife) one (No. 10cm in knife) as Defendant

to be confiscated.

Disclosure and notification of the personal information of the accused for ten years (the summary of the crime of disclosure and notification);

of paragraph 1 of this section).

The attachment of an electronic tracking device shall be ordered to the person requested to attach an electronic device for 20 years.

Matters to be observed in 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]

On November 20, 2009, the defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") sentenced the ○○ District Court to imprisonment with prison labor for a maximum of four years, a short of three years, and a short of three years and six months, and completed the execution of the sentence on September 13, 2013.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape and Injury);

The defendant set up a plan to flee after threatening the female with lethal weapons, rape, and changing, and set up a plan to flee; excessive (23cm in total length, 12cm in blade), one tele-packer, one half-packer, one half-packer, one pair of sloter, and one mother and child on September 2, 2016, and began to display from 00:0 to 00 the day of Seoul ○○○ Station, and the person subject to criminal administration.

On September 2, 2016: around 20: Around 20, the Defendant: (a) discovered the victim B (e.g., 15 years old) who was returning home to ○○○○○-gu, Seoul, and was able to commit rape; and (b) took the above excessive amount that the Defendant prepared in advance to the victim’s back to the back part of the victim, and led the victim to the rooftop by leaving the vehicle in front of the △△dong, ○○○○, △△△△, ○○; and (c) took the victim’s back to the back part of the victim’s back to the back part of the victim.

The Defendant, from the stairs front of the rooftop entrance, knife the knife, knife the knife, knife the knife, and knife the knife of the knife, knife the knife of the knife.

Since then, the defendant threatened the victim in knee, knee kneel, forced the defendant's sexual flag as soon as possible, and inserted the sexual flag into the part of the victim.

As a result, the defendant raped the victim with a deadly weapon, and conducted an inspection accompanied by a hole on the right side of the third hand, which requires treatment between about two weeks.

2. Special confinement; and

After rapeing the victim, the Defendant instructed the victim to wear clothes while carrying excessive clothes, and, as seen above, the Defendant “on the request for assistance, it is good that the Defendant would not be able to do so so, so as to be so that it can be seen from the shot of the shot.” “On September 2, 2016, when the Defendant made it impossible to resist by threatening the victim, by threatening the victim, and went off the said apartment at around 40:40.

At around 14:48 on the same day, the Defendant: around 14, 14, moved the victim to a provincial bus stops in the ○○○○○○○○○○○○○○ bus around that time, and 15: around 45, the Defendant detained the victim by preventing him from getting off from the bus, while moving about 30 km to the bus stops at the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○.

Accordingly, the defendant carried dangerous things and detained the victim.

【Fact of Grounds for Attachment Orders】

The Defendant, at the ○○ District Court on November 20, 2009, sentenced a maximum of four years to imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (special rape) and a short of three years and six months to a minimum of three years, and committed the instant crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) in the ○ Prison on September 13, 2013 within three years from the completion of the execution of the sentence. In light of the fact that the Defendant committed the instant crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.), the Defendant is recognized to have the risk of recommitting the sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement to ○○○;

1. Stenographic records of the Integrated Support Center for Victims of Sexual Violence (○○○);

1. A detailed statement on handling 112 reported cases;

1. Domestic investigation reports (on-site verification), internal investigation reports (on-site tracking of suspect ships), and internal investigation reports (on-lines used for committing crimes);

Detection and Request for Expert Opinion

1. Investigation report (as to the time of inquiry request), investigation report (as to the search of DNA identification information database), and investigation report (as to the search of DNA identification information database;

As to the forwarding case

1. Each protocol of seizure (voluntary submission);

1. Requests for appraisal;

1. A medical certificate of injury, and an emergency chronast for collecting evidence of sexual assault;

1. In excess of 10 cm in total (23 cm in length, 12 cm in blade length, 11 cm in hand) one (No. 10 cm in total);

1. Previous records of judgment: Results of screening of prisoners, and data on criminal records;

1. Responses to a request made by a probation office;

[The risk of recidivism and recidivism of sexual crimes in the judgment]

In full view of the following circumstances that can be recognized by the court after compiling the evidence duly adopted and examined, i.e., ① the defendant threatened female victims by using a knife and threatened them with two rapes and one time indecent act by force, and had been sentenced to imprisonment for a considerable period of time after having been sentenced to imprisonment, and then knife female victims her ageed by carrying a knife with the knife and rapes them. ② The above crimes were committed by the defendant by threatening female women by using a knife, and are similar to the applicable law. ③ The evaluation of the risk of sexual offenders in Korea is found to have a total of 15 points as the result of the evaluation of the evaluation of the risk of sexual offenders in Korea (KSORS) to have a high risk of recidivism, and the total of risk of recidivisms is found to have been 14 points in total as the result of evaluation of PC - R).

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 8(1) and 4(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of injury resulting from special rape);

Articles 278 and 276(1) of the Criminal Act (the occupation of special confinement, and the choice of imprisonment)

1. Aggravation for repeated crimes;

Article 3 of the Act on Special Cases concerning the Punishment, etc. of Specific violent Crimes and the proviso to Article 42 of the Criminal Act

Article 35 (Offense against Violation of Special Act on the Punishment, etc. of Rape (Bodily Injury on Rape) of the Criminal Act.

§ 20).

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the Criminal Act / [Judgment with heavier punishment]

A concurrent crime resulting from a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape and Injury)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act. Article 55(1)3 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. An order to disclose and notify;

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, children and juveniles;

Article 49(1)1 and 2, and Article 50(1)1 and 2 of the Act on the Protection of Sexual Abuse

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

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

heading, the main sentence of Article 9(1), the proviso, and Article 9-2(1)4

1. Suspension of a program;

The proviso to Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Protection of Specific Criminal Offenders)

Order to complete a program under Article 9-2 (1) 4 of the Act on the Observation, Electronic Monitoring, etc.

have been imposed)

Registration of Personal Information

Where a conviction becomes final and conclusive with respect to a crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (infliction of Rape, etc.), the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to an institution to be affiliated with

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment with prison labor for not less than 10 years nor more than 25 years; and

2. Application of the sentencing criteria;

(a) A primary crime (a)

[Scope of Recommendation Form]

type 6 (Special Rape) (Special Rape) shall be mitigated, in case where the result of the bodily injury has occurred.

calendar (from 9 years to 13 years)

* descriptive standards: Special lectures

[Special Mitigation]

Minor Injury

(b) Second crimes (Arrest, confinement, abandonment, or abuse);

[Scope of Recommendation Form]

General Criteria for Arrest and Confinement (Special Confinement) Category Three (2 to four years)

[Person under Special Leave]

The motive for the commission of the crime (other than Category 2)

* Final sentence scope due to the aggravation of multiple offenses: Imprisonment with prison labor for 10 years to 15 years (the lowest sentence of applicable punishment in law)

Since this recommendation is higher than the lower limit of this recommendation, it shall be subject to the lower limit of the applicable sentencing type by law.

3. Determination of sentence: 12 years of imprisonment; and

The fact that the defendant led to each of the crimes in this case, the degree of injury to the victim is relatively minor, and the defendant paid the victim KRW 20 million to the victim is favorable to the defendant.

On the other hand, each of the crimes of this case committed by the defendant with a knife, which is a dangerous object of the defendant, and rape by threatening the victim who is a female student of 15 years old, and furthermore, by threatening the victim to prevent immediate reporting by the victim, and is detained in the bus. In light of the risk of committing the crime, method of committing the crime, and the age of the victim, etc., the crime is very bad and heavy; the defendant has already been punished as a crime of the same violent crime; the defendant is already punished as a crime of the same violent crime, and it is inevitable to keep the victim under custody for a considerable period of time; the defendant's crime of this case, which is a specific violent crime, was committed again during the period of repeated crime; and the victim was deemed to have suffered considerable mental shock; however, the defendant was unable to receive from the victim.

In light of the above circumstances and other factors of sentencing as shown in the argument of this case, such as the Defendant’s age, character and conduct, environment, family relationship, motive, number and result of the crime, the circumstances after the crime, etc., the punishment shall be determined as shown in the main sentence.

The presiding judge shall determine grievances

Judges Jeong Dong-ju

Judges Lee Dong-sung

Site of separate sheet

Matters to be observed

During the period of attachment of location tracking devices:

1. To complete a program for treating sexual assault conducted by a probation office for 200 hours;