209Gohap6 Rape and Injury by rape

209. Attachment Order 209.00

209 early 247 Application for a compensation order

A

Egresponding

Attorney B (Korean National Assembly)

C

Since it is a minor, the legal representative parent D

March 27, 2009

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

104 days of detention prior to the issuance of this judgment shall be included in the above sentence.

Access information on the accused shall be made available for inspection for five years.

A location tracking electronic device shall be attached to a person who has requested an attachment order for seven years.

An applicant for compensation shall be dismissed.

Criminal History Office

On August 9, 1983, the defendant and the respondent for the attachment order (hereinafter referred to as the "defendant") had been sentenced to three years of imprisonment due to rape injury in the branch of the Seoul District Court in the Seoul District Court on North Korea on August 9, 1983. In the state that under the influence of alcohol, the defendant and the respondent for the attachment order (hereinafter referred to as the "defendant") had a record of being sentenced to imprisonment with prison labor for the crime of causing rape and had weak ability to discern things or make decisions, the defendant found the victim C (the 8 years of age), who was sent to the 'F' elementary school in front of the Dong-gu, Ansan-gu, Ansan-si, the defendant and the respondent for the attachment order (hereinafter referred to as the "defendant"), and led the victim to the toilet of the above church and led the victim to the toilet of the above church.

The Defendant deviates from his place, let the Defendant prompt the Defendant’s sexual organ, but the victim saw the face of the victim by drinking the victim, slicking the victim, slicking the victim’s view, sleeping the victim’s slick, and cut down the victim’s slick.

The Defendant, who continued to be unable to resist, has been off the victim’s panty and panty, has been raped by inserting the Defendant’s sexual organ into the victim, and thereby has committed a permanent injury or pelvisionion of the pelpelum and the pelvise of the pelvise, which requires at least eight weeks of medical treatment, on the part of the victim, and has the risk of recommitting sexual crimes.

Summary of Evidence

1. Partial statement of the defendant (as of the third trial date);

1. Statement of the prosecutorial statement concerning G, H and D, and protocol of the police statement concerning I;

1. Written drilling (the result of the appraisal of fingerprints and blood trace genes);

1. Seizure records;

1. Relevant photographs (the category of offenders among many photographs);

1. A medical certificate of injury, related photographs (the degree of injury inflicted on the victim), and investigation reports (Binding the medical certificate);

1. Previous records: Criminal records and investigation reports (former records and attachment of written judgments);

1. The risk of recidivism in the judgment: It is recognized that there is a risk of recidivism in the light of the defendant's behavior at the time of committing the crime, the method and details of the crime, the record of committing the sexual crime, the mental disorder, and the character and conduct, which are recognized by the above evidence and the investigation report prior to the judgment;

Judgment on the nature of a crime

In full view of the following circumstances acknowledged by the evidence duly adopted and examined as follows, namely, the fingerprints taken from the scene of the crime of this case is revealed to be the defendant, and in an investigative agency, the victim took the criminal identification procedure by presenting to the victim eight photographs of the same criminal record person including the defendant, and the victim clearly identified the defendant, the defendant's wife returned to the defendant at around 09:00 on December 11, 2008, which was after the time of the crime of this case, and at that time, the defendant returned to himself at around 09:0 on December 11, 200, which was the time after the time of the crime of this case, and there was a letter that the defendant was suffering from the accident, the physicalization of the defendant seized at the defendant's residence, and the blood trace was found to have been proved to have been the victim, the facts charged of this case are sufficiently recognized.

Application of Statutes

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

Articles 301 and 297 of the Criminal Act

1. Mitigation of mental disorders;

Articles 10(2) and 55(1)3 of the Criminal Act;

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Order of inspection;

Article 37 (1) 1 of the Act on the Protection of Juveniles against Sexual Abuse

1. Orders to attach electronic devices;

Articles 9(1) and 5(1)4 of the Act on the Electronic Monitoring of Specific Sexual Offenders

1. Rejection of application for compensation;

Articles 32(1) and (2), 25(1), (2), and 25(3)4 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (the crime of injury by rape in this case is not an offense that may order a compensation order stipulated in Article 25(1) of the same Act, but is not an agreement on compensation pursuant to the provisions of Article 25(2) of the same Act, and there is no agreement on compensation for damages until the closing of argument. Moreover, the deadline was set, and the claim amount includes the lost income portion that is not the object of the application for compensation, and thus, it is not reasonable to issue a compensation order in the criminal procedure. Thus, the application for compensation in this case is unlawful).

Reasons for sentencing

The crime of this case was committed by the victim, who was merely eight years of age or older, to meet his own unfair sexual desire, led the victim to the toilet of the neighboring building, cut off his neck, and rapeed, and was inflicted an injury in the course of the crime. Furthermore, due to the crime of this case, the victim was harshly injured by the victim to the extent that the long-term of the clothes would be exposed out of the sound part, and the victim suffered a permanent injury, such as clothes, small and medium distribution, and external trauma cutting at least eight weeks of medical treatment, and there was no immediate surgical treatment, to the extent that the life was at risk.

Therefore, due to the instant crime, the victim and the family members of the victim suffered serious pain and mental suffering even though they cannot be able to lead a life, and in particular, it is clear that the victim is suffering from severe pain in the emotional and physical growth process due to the severe damage of the sound and the resistance and loss of the function of the victim, and they should live with persons with disabilities for a life.

Although the nature of the crime of this case and the circumstances of the crime are extremely serious, the defendant denied the crime by making several arguments at that time, and did not take any measures to recover the damage of the victim, and the family members of the victim wanted to be punished against the defendant.

In addition, according to the report of investigation before the judgment of the defendant, the defendant was likely to commit a crime due to lack of alcohol addiction and behavior control, and the risk of recidivism is relatively high.

When comprehensively taking into account all the sentencing conditions, such as the means and methods of the instant crime, the consequences thereof, the circumstances after the commission of the crime, the criminal records of the Defendant, the risk of recidivism, age, character and conduct, and family environment, it is necessary to separate the Defendant from this society for a long time in order to prevent the occurrence of additional crimes by the Defendant, and to improve the Defendant’s maliciousity in this society. Thus, the Defendant shall be sentenced to punishment as ordered by the order.

Number of judges of the presiding judge;

Judges Park Dong-dong

Judges Kim In-bok