2013No565 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (thief, etc.);

Special thief, night thief, night thief, residential intrusion;

Larceny

A

Defendant

Before prosecution (public prosecution) and stuff (public trial)

Law Firm B

Busan District Court Decision 2013Gohap100 Decided October 18, 2013

February 19, 2014

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

The seized one unit (No. 9) shall be returned to the victim F.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Disclosure and notification of information on the accused for five years (Provided, That a summary of the sex offense disclosed and notified

(1) The Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall apply only to the thief.

1. Summary of grounds for appeal;

The sentence of the lower court (two years of imprisonment, 80 hours of order to complete a sexual assault treatment program, and 5 years of order to disclose or notify, respectively) is too unreasonable.

2. Ex officio determination

In a case where the confession of a defendant is the only evidence against him/her, it shall not be admitted as evidence of guilt. Thus, in a case where a defendant is found guilty on the basis of his/her confession without any supporting evidence, it shall be deemed that there is an error of law affecting the conclusion of the judgment (see, e.g., Supreme Court Decision 2007Do7835, Nov. 29, 2007

However, the court below found the defendant guilty on the facts charged by taking the confessions of the defendant as evidence, without any supporting evidence as to the crime as stated in paragraph (2) of the crime list No. 2 in the judgment below. The court below erred by misapprehending the legal principles on the supporting evidence of confession, which affected the conclusion of the judgment.

3. Conclusion

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal, and it is also decided as follows.

Criminal facts and summary of evidence

The substance of the facts charged by this court and the summary of the evidence are as follows: (a) except for the addition of “1.1 thief’s first measure report (Evidence No. 118 pages)” to the summary of the evidence, all of the judgment of the court below are the same as the statement in each column of the year; (b) thus, they are cited in accordance with Article 329

Application of Statutes

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

Articles 331(1) and 330 of the Criminal Act (Special Larceny) and Article 330 of the Criminal Act (Special Larceny)

In this regard, Article 342 of the Criminal Act, Article 330 of the Criminal Act (the charge of attempted larceny at night), the punishment of the former sexual crime, etc.

Article 3 of the Act on Special Cases Concerning the Law (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply)

Paragraph 1, Article 330 of the Criminal Act, Article 299 of the Criminal Act (the point of larceny and the choice of limited imprisonment), Article 329 of the Criminal Act

(2) the court below's decision

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 (Punishment of a sexual crime with the largest punishment) of the Criminal Act

Aggravation of concurrent crimes with punishment prescribed in the Act on Special Cases concerning Larceny, etc.

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 of the Criminal Act)

1. Return:

Article 333(1) of the Criminal Procedure Act

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 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Protection of Children and Juveniles against Sexual Abuse

Article 49(1) of the Act

1. An order to notify;

Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Protection of Children and Juveniles against Sexual Abuse

Article 50(1) of the Act

Reasons for sentencing

The crime of this case was committed repeatedly by the defendant, in order to meet his own sexual desire, by larcenying female inner clothes, etc., and by force against the victim stronger ○○○, without being neglected to commit the larceny crime. The crime was committed repeatedly in the same region for a long time, and there was an interview with the defendant selecting the place where the defendant committed one crime as the place where the crime was committed again in the same region for a long time, and there was no dynamic act, such as taking the stolen clothes back to the place where the defendant committed the crime again, and taking them back to the place where the crime was committed. In addition, the crime of larceny committed by the defendant, most of the larceny committed by the defendant, which was committed by intrusion into a room at night or in the new wall time, and the defendant was committed on September 6, 191, and there was no past record that the defendant was subject to a suspended sentence of imprisonment for three years due to the crime of intrusion on the building and the injury caused by rape, and there was no past record of a sex offense against the defendant.

However, the defendant shows an attitude against the defendant to recognize the whole crime of this case, and the defendant has stolen female clothes, etc. to meet his sexual needs as seen above, but most cases did not lead to sexual crimes, and the crime of quasi-indecent act by compulsion was committed once, but the degree of indecent act by compulsion was relatively low, and the victim escaped immediately without causing any danger and injury to the victim, the defendant agreed with 13 of the 21 victims of the crime of this case, and made efforts for recovery of damage, such as deposit of a certain amount of money to many victims, and the defendant's family members have constantly appealed against the defendant.

In full view of the circumstances unfavorable or favorable to such defendant and all other factors of sentencing, such as the defendant's age, family relation, character and conduct, environment, motive and background of the crime, means and methods of the crime, and circumstances after the crime, a sentence like the sentence is imposed on the defendant.

Registration of Personal Information

Where a judgment on a crime stated in paragraph (3) of the judgment below becomes final and conclusive, the defendant constitutes 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 the competent agency pursuant to

(Presiding Judge)

Mack Tae

has already been fixed