2018Gohap633 Violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof.

(Rape, Rape, etc. of Minors) Protection of Children and Juveniles

Quasi-rape and the punishment of a sexual crime, etc.

Quasi-rape and sexual assault in violation of the Special Act on Special Cases concerning the Management of Relatives

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

Quasi-Indecent Act

A

Mashee (prosecution) and Mashee (public trial)

Law Firm Jin Law Firm

Attorney Kim Shin-hwan

September 5, 2018

A defendant shall be punished by imprisonment for fifteen years.

The defendant shall be ordered to complete the sexual assault treatment program for 200 hours.

The seized Hask Hask Hask Hask Hask Hask Hask (No. 1), Mask 2 (No. 2), and Mask 2 (No. 3) shall be confiscated, respectively.

Criminal History Office

The defendant is the friendship of the victim B (a family name, a female).

The defendant, on behalf of his wife who was living in the place of work from around 2004, had a difference between the family and the defendant's opinion while living in the house and living in the place of work, shall be respected by raising the words and opinions of the defendant. The defendant, on the ground that the victim does not have any particular wrong behavior even if the victim did not do so, when the victim and his/her partner are seriously boomed with the victim, or when he/she was boomed with his/her body on the hand hand, when the defendant's wife and his/her opinion are different, he/she was pushed into the wall or sold, and forced him/her to consent to the defendant's mind by breaking the voice of the defendant, and "emergency" is called as "emergency", and when the family had expressed the defendant's attitude to put his/her speech into the defendant's speech, it was called "frightth" so as to make it an absolute military power holder within home, and thus, refused the victim's behavior or made a request for an indecent act by using the defendant's mind.

1. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Minor Rape, etc.)

A. From spring in 2006, the Defendant had sexual intercourse by inserting a victim (seven years of age) on the part of a residential room located in Seongbuk-gu Seoul Metropolitan Government ○○dong at around the beginning of spring in 2006, and inserting the victim’s sexual intercourse by inserting the victim’s sexual organ into the part of the victim’s sexual intercourse with his/her age and the Defendant’s fear to resist.

B. On June 18, 2008, the Defendant, around June 18, 2008, was sexual intercourse by putting the victim (the victim (the victim 9 years of age) who was engaged in the training conference with his son and her personnel at the training room, putting the victim who was unable to resist as above, out of his clothes, and putting the victim into the bed, and putting the victim into the bed.

C. In 2009, the Defendant, at the inside and outside of the above residence on the date of 2009, had the victim (the 10-year-old-old-old-old-old-old-old-defluence) prepared in advance to do so, and had the victim do sexual intercourse by placing the victim on the bed and inserting his sexual organ into the part of the victim’s sexual organ. Accordingly, the Defendant, who is a minor under the age of 13, had sexual intercourse three times by taking advantage of the state of

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. A. On April 2012, the Defendant: (a) entered into the room of the victim (the 13 years of age) who was prepared in advance at the residence located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; (b) and (c) committed sexual intercourse by inserting two red seas into the negative part of the victim who was unable to resist due to fear of the Defendant.

B. On September 2016, the Defendant: (a) sent the Defendant’s wife and children to the direction of the Defendant at his residence, sent to the lower end, and had the victim (17 years of age) unable to resist as above, on the part of the victim (hereinafter referred to as “victim”); (b) placed the victim on the bed; and (c) inserted the victim’s sexual organ into the part of the victim’s house.

Accordingly, the defendant has sexual intercourse two times with the victim who is a child or juvenile by taking advantage of his/her state of difficulty.

3. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On October 2017, the Defendant: (a) entered the Defendant’s wife and children in the residence described in the foregoing paragraph 2(a) as the room of the victim (18 years of age) who had been unable to resist due to fear of sexual intercourse and indecent act committed continuously for a long time from the time when the Defendant came up with the fear of fear of fear of the Defendant’s wife and children, and by using the crepits that are not inside his house; and (b) entered the victim’s sexual intercourse with the victim’s sexual organ into the room where the family is at the risk of fear of breaking up the shoulder; and (c) put the victim’s sexual organ into the part of the victim’s sexual organ.

B. At around 10:20 on June 1, 2018, the Defendant entered the above residence as a room for the victim (the victim (the victim of 19 years of age) who has been unable to resist, and placed the victim on the bed, and had sexual intercourse by inserting the sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim who had kinship twice.

4. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On May 2017, the Defendant, at the residence indicated in the above paragraph 2(a) of the same Article, read, “I see that it is good for the victim’s (18 years of age)”, the Defendant committed an indecent act by allowing the victim to have the Defendant wear the Defendant’s sexual intercourse with sexual intercourse continuously committed for a long time from the fear of fear of the Defendant, and the sexual intercourse with indecent act committed during a prolonged period from the time when she was frighten, and when she revealed the damaged facts, the victim who has to resisting due to fear of the satisfeing the satch of the nearest victim, and let the satisfe the victim’s chest, and let the victim take the satisf of the victim’s chest, and let the victim take the satisf of the victim’s chest, and commit an indecent act by force.

B. At around 15:00 on May 31, 2018, the Defendant entered the victim's room (the age of 19) in the above residence, and made the victim scam scam scam scam scam scamscamscams, and made the victim scam scamscams scamscams, and made the victim scamscams scamscams scamscams, and made the victim scamscams scamscams scamscams, and scams scamscamscams scamscamscams, and scamscams the victim's body, and scamscams scamscamscams scamscams scamscam scamscam scamscams.

D. At around 16:50 on June 5, 2018, the Defendant: (a) stated, “A victim has been forced to resist as above; (b) the victim has been able to enter the victim’s room in a state of failing to resist; and (c) the victim has been able to have the victim go against 50 times with the victim’s mind that “the victim has been able to resist”; (d) the victim would be able to have the victim go against her, and (e) the victim would not go against she, and (e) the victim would not go against she,” and (e) the victim she committed an indecent act by getting the victim’s chest and her on the part of the victim.”

E. On June 6, 2018, around 12:30 on June 6, 2018, the Defendant: (a) led the victim in a state of failing to resist, as seen above, in front of the toilet door; and (b) decided that the Defendant was aware of the Defendant by having the victim become the victim; and (c) included the victim’s hand in the victim’s inner part; and (d) committed an indecent act by taking advantage of the victim’s blood relatives over five times in a state of failing to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Family relation certificate:

1. The protocol of seizure and the application of statutes concerning the list;

1. Article applicable to criminal facts;

Article 8-2 (4) and (1) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010); Article 8-2 (1) of the same Act; Article 299 of the Criminal Act [the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010); Article 7 (4) and (1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 299 (10) of the Criminal Act (amended by Act on the Protection, etc. of Victims of Sexual Crimes); Article 5 (10) of the Addenda to the same Act; Article 299 of the same Act (amended by Act on the Protection, etc. of Victims of Sexual Crimes); Article 42 of the Criminal Act on the Protection of Children and Juveniles from Sexual Abuse; Article 9 (2) of the Criminal Act on Special Cases concerning the Punishment of Quasi-rape of Children and Juveniles from Sexual Crimes; Article 9 (3) of the Criminal Act

1. Aggravation for concurrent crimes;

The first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act and the last sentence on October 2017, 2017

1. Order to complete programs;

○ Crimes of Paragraph 1 of the holding, each of the crimes of Paragraph 2 of the holding: Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse: Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Exemption from an order for disclosure and notification;

Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 5(1) of the Addenda ( December 18, 2012), Article 37(1) of the former Act on the Protection of Juveniles against Sexual Abuse (wholly amended by Act No. 9765, Jun. 9, 2009)

○ Crimes in Article 2(a) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); the proviso to Article 38(1); the proviso to Article 38-2(1); the proviso to Article 1 and Article 4 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Apr. 15, 201); Articles 1 and 4 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Apr. 15, 201); Articles 2 and 4(b) of the former Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572

The crime under 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 (each of the crimes in this case is rape and indecent act by the defendant on several occasions, and the disclosure and notification of personal information of the defendant is likely to cause additional damage to the victim, such as disclosure of personal information of the victim. In light of the contents and circumstances of each of the crimes in this case, it is difficult to see that the defendant is highly likely to recommit sexual crimes against many and unspecified persons; the defendant's age, family relationship, social relationship, and other disclosure or notification order is likely to cause disadvantage to the defendant's entry due to such disclosure or notification; and all of the circumstances such as the degree and expected side effects of the defendant's sexual crime subject to registration that can be achieved due to such disclosure or notification, the disclosure and notification of personal information of the defendant shall not be made).

1. Exemption from an employment restriction order;

In light of Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by January 16, 2018), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no record of punishment for a sex offense) is difficult to conclude that there is a possibility that he/she may access a person subject to a sex offense using his/her occupation and position to facilitate a sex offense, or that there is a risk of recidivism, or that there is a risk of recidivism. In addition, in light of the defendant's age, family environment, or employment restriction order that the defendant suffers from the disadvantage of the defendant and the effect of preventing a sex offense that may be achieved thereby, the registration

Where a judgment of conviction becomes final and conclusive on each of the crimes committed against the accused, the accused falls under a person subject to registration of personal information pursuant to Article 3 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes ( December 20, 2016) and Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency

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

2. Scope of recommendations according to the sentencing criteria;

Since the crime of violating the Act on the Punishment, etc. of Sexual Crimes and the Protection, etc. of Victims thereof (a minor rape, etc. under the age of 13) against which the sentencing guidelines are not set, the sentencing guidelines shall not apply: Provided, That the sentencing guidelines shall be examined by examining the sentencing guidelines for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a quasi-rape in relation of relatives) and the crime of violation of the Act on the Protection,

(a) Basic crimes and the first concurrent crimes: Crimes of rape (a) in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a decision on types of quasi-rape in relation to relatives) within the general standards; and

[Special Aggravation] Aggravations: In the case of a victim or habitual offender who is vulnerable to a crime;

[Scope of Recommendation] Imprisonment of 6 years to 13 years (Special Aggravation)

(b) Concurrent crimes: Crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Determination of Punishment] General Criteria for the Prevention of Sexual Crimes in Type 2 (Rape/Special Rape, etc. in Connection with Relatives)

[Special Aggravation] Aggravations: In the case of a victim or habitual offender who is vulnerable to a crime;

[Scope of Recommendation] From 6 years to 13 years (Special Aggravation). The criteria for dealing with multiple crimes are different final scope of sentence.

From 7 years to 24 years of imprisonment (the upper limit of the basic crime + the upper limit of the first concurrent crime + 1/2 + the upper limit of the second concurrent crime + 1/3 of the upper limit of the second concurrent crime, and the lower limit of the range of the sentence recommended in the sentencing guidelines is lower than the lower limit of the range of the applicable sentences in law, therefore the lower limit of the applicable sentences in law shall apply

3. Determination of sentence;

There is no record of punishment in addition to each of the crimes in this case, and the fact that the defendant has committed the crime in this case with the full recognition of the crime in this case and has seriously reflected is favorable.

However, the crime of this case was committed against the Defendant, who is his relative, by habitually exposing the victim of sexual assault against her father during the period from 7 years to 19 years of age 12. The Defendant was under the influence of his father, threateninging the victim under the age of her own, and hiding the fact that the Defendant committed the crime thoroughly from the mother of the victim. The method of committing the crime has also been disturbed. Although the Defendant was responsible for protecting and fostering the victim so that she can grow healthy, she used the victim’s responsibilities as parents, leaving the victim’s suffering and appeal, and using it as the exit of the desire distortedly distorted. The victim was constantly exposed to sexual assault against her father at a very heavy time to form a correct sense of value and identity. While the victim was constantly exposed to the sexual assault against her mother at home, the victim did not help the Defendant, but did not have any help anywhere to destroy her family, and had the victim suffer severe physical and mental pain from the Defendant, and the victim was under severe suffering from the Defendant.

In addition, the defendant's age, health, character and conduct, family relationship, motive and circumstances of the crime of this case, and the circumstances of the crime of this case shall be determined as ordered by considering various sentencing conditions shown in the records of this case.

The presiding judge, the Gimology judge

Judges Kim Gin-young

Judges, Senior Jins

1) The crime of paragraph (1) of the holding No. 1 of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 7801, Jun. 30, 2006), shall be effective (amended by Act No. 7801, Jun. 30, 2006)

It is not subject to an order of disclosure or notification as a previous crime.

An order to notify under Article 38-2 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012)

for the first time after the enforcement date pursuant to the proviso to Article 1 and Article 4 of the Addenda ( April 15, 2010).

Since it is applied from a person who was sentenced to an order, each crime of Section 1(b) is not subject to an order of notification, since it is not subject to an order of notification.

(c)