Defendant

Forest smoke;

Attorneys Kim Jae-won et al.

A defendant shall be punished by imprisonment for five years.

Of the facts charged in the instant case, the injury by robbery shall be acquitted.

The request for the attachment order of this case is dismissed.

The summary of the judgment of innocence shall be published against the defendant.

1. Injury;

At around 06:40 on March 20, 2010, the Defendant enjoyed the first race in front of the victim Nonindicted Party 2 (Y, 44 years of age) in the Youngdong-dong, Gyeonggi-do (hereinafter omitted), the Defendant opened the entrance and discovered the victim from the door and set the victim's neck by hand without any reason, and made the victim's neck by hand. At the same time, the Defendant took the back of the victim by asking the victim for about two weeks of medical treatment.

2. Rape;

On October 12, 2010, at around 23:10 on October 23:10, 2010, the Defendant: (a) deemed the victim Nonindicted 3 (the victim, Nonindicted 22 years of age), who was on the street in front of the ○○ Doncheon-si, Sincheon-si, to take a house alone from a bus, and (b) caused a sudden desire to commit rape.

According to the victim's behind it, the defendant she she is she so she is sheel where there is no human being, with only one hand she she takes the victim's head, and the other hand she takes the victim's head, 20-30 meters away from the victim's head, and she takes the victim's face at a time, she takes the victim's face on the floor by putting the victim's face on the floor, she takes off the victim's face, she takes off the victim's reflects his/her reflect shes and shes on the victim's back, and puts his/her fingers into several sons and shes on the victim's back.

Afterwards, the Defendant attempted to put his sexual organ into the victim’s negative part by coercioning the victim’s two legs, but it did not become an origin, making the victim go away from the victim’s negative part, and again tried to put the victim’s sexual organ into the part of the victim’s sexual organ again, but the victim tried to put the victim’s sexual organ into the victim’s negative part.

The Defendant, while driving away away from the floor of the victim, frightened the victim's face, frightened the victim's face, etc. on a hand, and frighted the victim's face, frightened the victim's resistance by using the victim's head, frightening the victim's neck, etc., and frighted the victim's sexual organ into the victim's sound part, and raped the victim by inserting the victim's sexual organ into the victim's sound part, and sustained the victim's bodily injury, such as internal feet, etc., for about three weeks of medical treatment.

【Fact of Paragraph 1 at the Time of Sales】

1. Defendant's legal statement;

1. The police statement of Nonindicted Party 2

1. A copy of the written confirmation of medical treatment, a criminal investigation report (the victim Nonindicted 2’s name and diagnosis date), and a victim Nonindicted 2’s photo

【Fact of Paragraph 2 at the Time of Sales】

1. Partial statement of the defendant;

1. Statement of suspect interrogation of the accused by the prosecution (Article 2010-type 51901 of the Government's District Prosecutors' Office);

1. The police statement of Nonindicted 3

1. Investigation report (the counter investigation of Nonindicted 4)

1. A medical certificate of injury, photographs of the victim Nonindicted 3's bodily injury, victim's panty, and other photographs;

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

Articles 301 and 297 of the Criminal Act [the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010)] Articles 301 and 297 of the Criminal Act; Article 257(1) of the Criminal Act (the point of injury and the choice of imprisonment)

1. Aggravation for concurrent crimes;

Article 37 former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the maximum term of two crimes)

본건 강간상해죄 범행은 길을 가는 피해자를 논바닥으로 끌고 가 폭행하고 강간한 것으로서, 피고인이 범행 당시 피해자에게 내뱉은 말(“오빠, 성욕 좀 풀자” 등)이나 피고인이 하의가 벗겨진 채 도망가는 피해자를 쫓아가 다시 데려와 강간을 시도한 점, 피해자의 비명 소리를 듣고 온 목격자가 플래시를 비추며 다가서자 “그냥 지나가세요”라고 말할 정도로 피고인이 뻔뻔한 점 등을 고려하면 그 죄질이 극히 불량하고, 이 사건 범행으로 인하여 피해자와 부모들은 여의치 않은 형편에 이사까지 하였을 정도로 극심한 정신적 고통을 겪고 있으며, 피고인에 대한 엄한 처벌을 호소하고 있는 만큼 피고인에게 중형의 선고는 불가피하다. 양형기준에 따른 권고형량의 범위도 4년 - 7년[성범죄군, 상해의 결과가 발생한 경우, 13세 이상 대상 상해, 제2유형(일반강간), 기본영역]에 해당한다.

The crime of injury in this case is also very poor as the back of the victim, which was first viewed without any reason after the defendant divided the first race of the victim by the division of the defendant, and the victim's back, and the nature of the crime is very poor.

However, considering the favorable circumstances that the defendant has no criminal record in addition to juvenile protective disposition or a large number of fines, the victim of the crime of injury reaches an agreement with the non-indicted 2, who is the victim of the crime of injury, and the parents of the defendant who are separate from divorce of this case feel the necessity of the adjudication agreement due to this case and shows the guidance of the defendant, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, reputation, personality and behavior

1. Summary of the facts charged as to the injury by robbery;

At around 12:30 on July 17, 2010, the Defendant: (a) discovered the victim Nonindicted 1 (Vin, 56 years of age) from the alley-dong, Gancheon-si, Gancheon-si, and △△△-dong, followed by the victim; (b) took the victim’s neck by force by following the victim; (c) took the victim’s neck by hand; (d) took the victim’s body against the victim, divided the victim’s body by hand; and (e) forced the victim’s resistance. Then, the Defendant sawd the victim’s 10,000 won in cash and hand hand at the market price of 10,000 won.

In this respect, the defendant took the above shelter of the victim and added a 5 u cage cages that require the victim to receive approximately 4 weeks of medical treatment.

2. Defendant and his defense counsel’s assertion

At the time of the occurrence of the instant case, the Defendant was divingd at home, and there was no fact of committing the instant crime.

3. Determination

A. According to the evidence duly adopted and examined by the court, the following facts can be acknowledged.

1) Upon the occurrence of the instant robbery, the police analyzed the CCTV screen near the scene of the crime and identified a male who reported a slicker on the yellow anti-propon fluor in the yellow-propon screen, as the suspect, at the time and time close to the date and time of the crime, and presumed that the slick range was the criminal by collecting tobacco at the scene of the crime.

2) On August 10, 2010, the police, showing that Nonindicted 1 (victim) had Nonindicted 1 (victim) appear at Macheon-si and Macheon-si, etc. and identified the suspect’s face, but Nonindicted 1 made it impossible to prepare a face-to-face work and monet because he stated that “The face of the suspect was not properly seen as the suspect’s face because he was simply the suspect at the time of committing the crime,” while Nonindicted 1 made a statement that “The face of the suspect was not considered as the suspect’s face at all.”

3) On October 12, 2010, among those, the crime of rape and bodily injury occurred as indicated in Paragraph 2 of the judgment of October 12, 2010. The police investigated the defendant, who is the suspect of the crime of rape and bodily injury, as a witness. Since then, the police led to confession as to the injury of robbery by the police, the defendant denies the crime of this case from the prosecutor to the present court.

4) Meanwhile, around October 14, 2010, the police searched the Defendant’s house in order to find yellow studs, etc., such as having been kept by a male in CCTV photographs designated by him as a suspect. On the other hand, the police searched the Defendant’s house in order to find out yellow studs, etc., and seized yellow 1, half half-math, half-math, and slick 1, half-math (the seizures of the government’s office above the government’s office in 2010 and 1444).

In addition to the above facts, considering the following circumstances acknowledged by the records of this case, there is doubt as to whether the defendant committed the crime of this case, not committing the crime of this case, in full view of the following facts: (a) according to the Defendant’s telephone communications details, it is acknowledged that the Defendant had conversations near the place of crime at the time of the occurrence of this case; (b) the Defendant has avoided tobacco with the same Mads- membership as discovered at the scene of the crime of this case; and (c) the Defendant was aware that he committed the crime of robbery of this case when the Defendant met with his parents during detention

However, the burden of proof for the criminal facts prosecuted in a false criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

B. Direct evidence consistent with this part of the facts charged is that Nonindicted 1’s statement in this court by the witness Nonindicted 1, the police statement by Nonindicted 1, and each statement in the prosecutor’s protocol by Nonindicted 1 (second time) and the prosecutor’s protocol by the prosecutor’s office (second time) are included, and this is first examined.

1) In the criminal identification procedure based on the appearance, etc. of the suspect, it shall be deemed that the credibility of the witness’s statement is low unless there are additional circumstances such as the victim’s statement or the victim’s statement in the criminal identification procedure to make it possible for the suspect to be evaluated to enhance the credibility of the witness’s statement in order to record in advance the witness’s statement or description of the suspect’s appearance in detail, and to make the suspect to have the suspect confirm the suspect’s identity by presenting only one photograph to the witness under the limit and inaccurate and detailed circumstances of the person’s memory. The witness’s statement in the criminal identification procedure should be evaluated in advance by making it possible for the suspect to simultaneously face the witness with other persons similar to the suspect, including those of the suspect, and by making it possible for the suspect to view the suspect to have more credibility of the witness’s statement in the criminal identification procedure, referring to three different kinds of witness’s statement or description in advance, and referring to three different categories of evidence and value of the suspect after the suspect’s appearance in advance.

2) However, as to the circumstances in which Nonindicted Party 1 became the criminal, Nonindicted Party 1 stated, “I, on July 17, 2010, the date of the instant crime, Nonindicted Party 1 appeared to be the criminal, Nonindicted Party 1 stated, “I, at the time of the instant crime, become the victim of the injury by rape 1, was the victim of Nonindicted Party 1, whose head was about 3,40 and head was about tension, and he was the victim of the instant crime, and the victim was the victim of Nonindicted Party 1, Nonindicted Party 1, the victim of the instant crime, and Nonindicted Party 1, the victim of Nonindicted Party 1, Nonindicted Party 1, Nonindicted Party 1, Nonindicted Party 2, Nonindicted Party 1, Nonindicted Party 2, Nonindicted Party 1, Nonindicted Party 1, Nonindicted Party 2, Nonindicted Party 1, Nonindicted Party 2, Nonindicted Party 1, Nonindicted Party 2, Nonindicted Party 1, and Nonindicted Party 1, Nonindicted Party 1, Nonindicted Party 2, Nonindicted Party 1, who was aware of the Defendant 1, following the Defendant 1, Nonindicted Party 3’s.

The circumstances are as follows: (a) it is difficult to properly observe the procedure to be observed in order to enhance credibility in the criminal identification procedure, such as the above B-1 of the above B-1; and (b) in light of the process prior to the criminal identification procedure of this case; (c) Nonindicted 1’s age (the age of 57); and (d) Nonindicted 1’s statement at the early stage of the occurrence of this case, etc., it cannot be ruled out that the probability that the category of the offender was committed under the circumstance where Nonindicted 1 was exposed to highly likely to be a criminal; (d) human memory is coming after the lapse of time, and rather, it is difficult to readily understand that the memory of Nonindicted 1’s criminal would become clear from what point of time; and (e) it is difficult to recognize the credibility of Nonindicted 1’s statement made by Nonindicted 1 as a criminal suspect, unless there is any other evidence to prove the criminal offense.

다. 다음으로 검사가 제출한 증거 중 증인 공소외 5의 이 법정에서의 진술(제6회 기일의 것), 피고인에 대한 각 검찰피의자신문조서의 진술기재, 각 수사보고서(피의자 통신내역 확인결과 보고, 사건 당일 피의자 현장 부근 존재 확인) 및 각 첨부서류에 의하면, 앞서 본 바와 같이 피고인이 이 사건 발생 무렵 범행 장소 근방에 있었던 사실, 피고인이 범행현장에서 발견된 담배와 같은 종류의 담배를 피우는 사실, 경찰이 피고인의 집에서 이 사건 용의자가 착용한 것과 유사한 옷과 신발을 압수한 사실이 인정되나, 피고인의 집 역시 범행 장소 근방으로 피고인의 주장에 의하더라도 피고인이 사건 발생 당시 범행 장소 근방에서 친구를 만나 배웅하고 집으로 돌아갔다는 것인 점, 범행 장소에서 발견된 담배가 범인의 것이라고 단정할 수도 없고, 그렇다고 하더라도 범인과 피고인이 태우는 담배가 같다는 것은 우연한 사정에 불과할 가능성을 배제할 수 없는 점, 압수된 노란 반팔티의 우축 어깨에는 ‘converse☆'라는 상표가 비교적 크게 존재하는데 CCTV 화면상의 용의자의 상의 우측 부분에는 전혀 위와 같은 상표가 보이지 않아 위 압수물이 CCTV 화면상의 용의자의 것과 동일한 것이라고 단정하기 어려운 점, 설령 경찰이 지목한 CCTV 화면 속 용의자가 피고인이라고 하더라도 용의자가 이 사건 범인이라고 단정할 수 없는 점 등을 고려하면, 위 증거들만으로는 이 사건 공소사실을 유죄로 인정하기에 부족하고, 그 외 검사가 제출한 나머지 증거들을 모두 종합해 보더라도 피고인에 대한 이 사건 공소사실이 합리적 의심의 여지가 없을 정도로 증명되었다고 볼 수 없다.

D. Thus, since all of the facts charged in this case against the defendant constitute a case where there is no proof of the crime, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence is announced under Article 58(2) of the Criminal Act, and it is so decided as per Disposition.

1. Summary of a prosecutor's request for attachment order;

On February 4, 199, the prosecutor appealeded from the government branch of the Seoul District Court for a long-term of two years and short-term of one year and six months. On April 22, 199, the prosecutor filed a request for an attachment order of an electronic tracking device based on Article 5 (1) 3 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders on the ground that the person subject to the request for attachment order committed a sexual crime and again committed a sexual crime on two or more occasions, resulting in a person who had been sent from the Seoul Family Court to the Juvenile Department and received juvenile protective disposition from the Seoul Family Court to the Juvenile Department, and again committed a sexual crime against the victim non-indicted 3 on two or more occasions.

2. Determination

Even if the previous criminal records are included in "two or more sexual crimes" under Article 5 (1) 3 of the Act on the Attachment, etc. of Electronic Monitoring, etc. of Specific Criminal Offenders, the previous criminal records refer to cases where the defendant has obtained a final conviction by strict certification in the criminal procedure. In a case where a formal judgment of acquittal or dismissal of prosecution is rendered without substantial deliberation and judgment on the criminal facts in the sexual crime case (see Supreme Court Decision 2009Do7282, Oct. 29, 2009; Supreme Court Decision 2009Do21, Oct. 29, 2009) or unlike the ordinary criminal procedure, in a case where the court is conducted ex officio from the guardian's perspective of the juvenile, and the prosecutor is not involved in the trial, and where the juvenile protective disposition or prosecutor's indictment is suspended in the juvenile protection procedure treated as the object of the trial rather than the party to the trial, it does not constitute a sexual crime under Article 5 (1) 3 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders (see, 30No.39, Jul. 21, 201010

According to the records of this case, on April 22, 1999, the person against whom the attachment order was requested shall be sent from the Seoul Family Court to the Juvenile Department, and there was a record of having received juvenile protective disposition at that time, and the juvenile protective disposition at once in this case shall be acknowledged as having committed one sexual crime. As seen above, the juvenile protective disposition in the juvenile protective procedure does not constitute a case where a final judgment of conviction was rendered by strict proof according to the criminal procedure. Thus, the sexual crime committed as the cause of juvenile protective disposition does not constitute "sexual crime" under Article 5 (1) 3 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders since the sexual crime is not included in "sexual crime" under Article 5 (1) 3 of the Act on the Electronic Monitoring, etc. of Electronic Monitoring, the request for attachment order of this case

Judges Park Jae-sik (Presiding Judge)