2017Mahap87 Rape, Indecent Act by compulsion, Confinement, Intimidation

A

Interest-hees (prosecutions) and court-rankings (public trials)

Law Firm B

Attorney C

August 17, 2017

Defendant shall be punished by imprisonment for a term of one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

Of the facts charged of this case, the prosecution against intimidation is dismissed.

Criminal facts

1. Indecent acts by compulsion;

On April 20, 2016, around 11:00, the Defendant committed an indecent act on the part of the victim by moving the victim into the side of the victim while the victim F (n, 27 years of age) who was a company partner and drinking, and talking about his/her business.

2. Illegal confinement;

At around 20:20 on August 30, 2016, the Defendant: (a) demanded the above victim to divide the night house; (b) allowed the victim to board the G Abdon-lurged passenger vehicle, which is owned by the Defendant; (c) parked the vehicle into H Park located in the area of the Gu of Mannam-si, and (d) divorced; (b) the method of removing the existing relationship is that the victim is flurd.; (b) by threatening the victim to the effect that the victim is "a person of burg," and by threatening the victim to the effect that the victim is "a person of burg," and (c) the victim's less flurged flurd flurd flurg flurg flurg flurg flurg flurg flurg flur flurg flur flurg flur f.

3. Rape;

At around 23:20 on August 30, 2016, the Defendant, as in the foregoing paragraph 2, was detained by the said victim, saying, “I model, I am the victim’s shoulder, knife, knife, knife, and knife, knife, knife, knife, and knife, knife, knife, knife, and knife, knife, knife, the victim’s finger, and knife, knife, knife, knife, knife, knife, knife, and knife, knife, knife, knife, knife the victim’s life.” However, it is difficult to find out the victim’s knife.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Report of investigation (information on the currency of a suspect and a victim);

Application of Statutes

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

Article 298 of the Criminal Act, Article 276(1) of the Criminal Act, Article 297 of the Criminal Act, Article 297 of the Criminal Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the maximum penalty for rape prescribed by the most severe penalty)

1. Discretionary mitigation;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Order to attend lectures;

The main sentence of Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Registration of Personal Information

Where a judgment of conviction becomes final and conclusive on each of the crimes in Article 1 and (3) of the judgment which are sex crimes subject to registration, the accused falls under 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 shall submit personal information to

Disclosure Order and Exemption from Notice Order

In full view of the fact that the defendant was a primary offender, the crime of this case is not a sexual crime against many unspecified persons, the fact that the registration of personal information and the participation in the course of sexual assault treatment seems to have considerable effect on preventing recidivism by the defendant, and other circumstances such as the defendant's age, family environment, social relationship, etc., the disclosure and notification order has significant side effects on the disadvantage and side effects on the defendant's suffering, while the effect of preventing sexual crimes that can be achieved by the disclosure and notification order seems to be relatively less than anything else, there is a special circumstance that may not disclose the defendant's personal information. Accordingly, the disclosure order and notification order of the defendant pursuant to Articles 47 (1) and 49 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to two years and six months;

2. Scope of recommendations according to the sentencing criteria;

(a) Crimes of indecent act by compulsion;

[Decision of Recommendation] The range of mitigation area of the crimes of indecent act by force (general indecent act by force) by sexual crime group under the general standard: one month to one year of imprisonment.

[Special Mitigation] Ad hoc Inspector

(b) Confinement;

[Determination of Recommendation] Types 1 (General Criteria for Arrest and Confinement) (General Arrest and Confinement), Sentence 1: Imprisonment with labor for a month to eight months

[Special Mitigation] Ad hoc Inspector

C. rape

[Decision of Recommendation] General Criteria for the Prevention of Sex Offenses Act (subject to the age of 13 or more): Imprisonment with prison labor for a year and six months to three years

[Special Mitigation] Ad hoc Inspector

(d) Criteria for handling multiple crimes: One year and six months from one year to three years and eight months;

3. Determination of sentence;

The crime of this case was committed by assaulting, by force, the victim who had been working in the military, by force, and raped to the effect that the victim would be sexual humiliation and mental suffering. The victim appears to have suffered considerable sexual humiliation and pain due to the crime of this case. Considering such circumstances, the need for punishment corresponding to the criminal liability is recognized.

However, all of the crimes of this case are recognized by the defendant, against his mistake, the defendant is the primary offender, and the victim is not punishable by the defendant, and all of the sentencing factors in the records and arguments of this case, including the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc., shall be determined as ordered by the order, comprehensively taking into account the following factors.

Public Prosecution Rejection Parts

1. Summary of this part of the facts charged

피고인은 2016. 9. 30. 19:30경 성남시 분당구 J에 있는 'K'에서, 얼굴이 드러나지 않은 다른 여성의 나체 동영상을 인터넷에서 다운로드 받아 피고인의 휴대전화에 저장하였다가 위 피해자에게 보여주고, 판시 범죄사실 제3항과 같이 강간을 하는 기회에 피해자의 나체를 촬영한 것처럼 행세하면서 "사실 그날 네 사진을 찍었다. L에 있는 네가족사진도 캡쳐해놨다. 남자들 음란사이트 가서 신상 털린 여자들 찾아보니 결혼사진까지 올라오더라. 너도 그렇게 만들어 줄 수 있다. 한 달에 한 번씩 만나줘야 사진을 지워준다. 네 알몸 사진 다 있다. 앞모습, 뒷모습."이라고 말하며 피해자가 피고인을 만나주지 않으면 마치 피해자의 나체 사진을 유포할 것처럼 겁을 주어 피해자를 협박하였다.

2. Determination

However, this case is a crime falling under Article 283 (1) of the Criminal Act and cannot be prosecuted against the victim's explicit intent under Article 283 (3) of the Criminal Act. According to the records, the facts can be acknowledged that the victim has withdrawn his/her wish to punish the defendant after the prosecution of this case. Thus, this part of the prosecution is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.

Judges of the presiding judge, Hong-soo

Judges Park Jae-young

Judges Park Jae-ran