2012Gohap1033 Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof

anti-domination by blood, sexual crime, or sexual crime

Violation of the Punishment Act and the Protection of Victims, etc. (13 years of age);

Adult Rape, etc., Special Treatment on the Punishment, etc. of Sexual Crimes

In the case of violation of the law (Rape with Relatives), sexual crimes

Article 10 (Compulsory Act on Special Cases concerning Punishment, etc.

Indecent Acts, Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Demotion)

B) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Compulsory Enforcement)

Indecent Acts)

2012. Attachment orders (Joints) 49

Persons whose attachment order is requested;

박QQ ( 69년생, 남 ), 회사원

Accommodation-si

Reference domicile Daegu

Kim Jong-young (Lawsuits) and Red Roster (Trial)

Attorney Wh Jeong-sik (Korean National Assembly Line)

April 4, 2013

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

Disclosure of information on the accused shall be made public through an information and communications network for ten years.

Notice of information on the accused shall be notified to the accused for ten years (Provided, That the summary of the notified sexual crime shall be limited to the crimes listed in paragraphs (2) and (3) of the judgment).

The attachment of an electronic tracking device shall be ordered to the person requested to attach an electronic device for 15 years.

Matters to be observed as stated in the attached Form shall be imposed on the person subject to the request for attachment order.

Criminal facts and the facts constituting the attachment order

[Criminal Facts]

Defendant and the person against whom the attachment order was requested (hereinafter referred to as Defendant 2) are the victim’s gambling ○ (neither, 1997).

12. On September 209, 2009, along with the family members of the Simpoon family, “the victim’s sexual intercourses between men and women” such as the infinite, with the victim’s mind that “the victim’s sexual intercourses between men and women should be asked to the victim’s premium, and that the victim’s sexual intercourses should be asked to the victim’s premium, and the victim’s future desire should be viewed as an artist, and the victim should be engaged in sexual intercourses with himself/herself as necessary procedures to become an artist, and if the victim refuses to do so, he/she would not be able to receive support for becoming an artist.

1. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (indecent act by blood), and violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (indecent act by blood),

In September 2009, the Defendant, at the Defendant’s house located in △△△ apartment △△△dong, Magyeong-si, Magyeong-si, Magyeong-si, Magyeong-si, 2009, told the victim (at the time, 11 years of age) that “the victim’s dial-a-a-a-the-art (hereinafter “the victim’s dial-a-the-art film,” referring to what is under the dial-a-art (e.g., the dial-a-the-art), followed the victim’s refusal to commit indecent act. The Defendant, around the following day, kid the victim’s kis by using the crebs that are not seen by the Defendant’s wife, kid the victim

Accordingly, the defendant committed indecent acts by force against the victim who is a relative under 13 years of age.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Compulsion) and violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by

(a) Crimes committed on or before February 201;

At around 14:00 on February 201, the defendant, at the above defendant's office, creshed the above victim's body to correct the body and to cut back the body of the victim (at that time, 13 years of age). "I would like to get the victim to get off her body and to get off her body, I would like to see the victim's body with her hand, and 'I would like to get off her body,' and 'I would not have any choice but to get off her body by her hand'. The defendant added her fingers to the sound part of the victim.

In such a way, the Defendant committed an indecent act by force against the victim, who is a relative, as a child or juvenile with approximately 40 minutes of family and 50 minutes of family.

(b) Crimes committed on May 2012;

At around 19:00 on May 2012, the Defendant entered the said victim (the age of 14 at that time) with a view to sexual relation practice, and the victim did not hear the horses, and the Defendant was moving the victim to the Do-won apartment in the Sindong-si, Dmun-si, Do-si.

피고인은 그곳에서 피해자에게 ' 장난하냐, 내가 방에 들어가서 너를 한 시간 기다렸는데 개기냐 ' 는 등으로 말하고 피해자의 옷 속으로 손을 넣어 피해자의 음부를 만지고 혀로 피해자의 음부를 핥는 방법으로 아동 · 청소년으로 친족인 피해자를 강제로 추행하였다 .

(c) Crimes committed at the end of August 2012;

At the end of August, 2012, the Defendant, at around 20:0, parked on the front day of the Suwon-si Si 00, committed an indecent act by force against the victim, who is a relative as a child or juvenile, under the clothes of the victim (the age of 14 at that time) within the passenger car of the above Defendant.

3. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Relationship) and violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape);

(a) Crimes committed on or before May 2012;

On May 2012, the defendant's house above the defendant's house above the above victim (the age of 14 at that time) should be able to get the above victim's house "," and it should be able to impose heavy burden on male's hand, and if supervision is requested to do so, she should be able to punish a bridge. If supervision is well seen, she must be able to do so, and she should be able to do so, she should be able to do so, she should be able to do so, and she should be able to do so, she followed the victim's wall by reporting his/her wall on his/her inside and outside of the defendant's house after suppressing the victim's resistance, and she was frightd with the victim's father and chest and rape one time, and raped the victim who is a child or juvenile's relative.

(b) Crimes committed on September 8, 2012;

On September 8, 2012: around 00, the Defendant: (a) around 00, at the home of the above Defendant’s (the age of 14 at that time) the said victim (the age of 14 at that time) was exposed to her, and (b) the victim was sexual intercourse with the victim, who was a relative of the victim and the victim.

【Fact of Grounds for Filing Requests for Attachment Orders】

As above, the Defendant committed a sexual crime against a minor under 16 years of age, and committed a sexual crime on two or more occasions, and thereby, is recognized as a habit of such sexual crime, and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A criminal investigation report (a statement recorded on the victim's gambling00), stenographic records;

1. Each investigation report (related to the voluntary appearance and statement of a suspect, confirmation document of middle school, field investigation, whether a sexual sign is inserted, and telephone conversations with a victim);

1. A family relation certificate, resident registration certificate, or abstract, a copy of a family relation confirmation certificate, on-site photographs, and a medical certificate for 00 ambling;

1. A complaint filed for the preparation of 00 copies of gambling;

[The risk of recidivism and recidivism of sexual crimes in the judgment]

1. The following circumstances acknowledged by the evidence mentioned above and the statement of the examination before the claim:

① In other words, the Defendant’s pro-friendly son was threatened with the victim’s desire to become an artist in the middle of the sixth grade of elementary school by threatening the victim as if he were the essential procedure to become an artist in the future. ② According to the result of the examination of the recidivism risk assessment of the Korean sex offender (K-STRAS), the Defendant’s risk of recidivism is an intermediate level (9 points). The result of the examination of the mental disorder screening tool (PC - R) is also evaluated as a relatively low point (7 points) in the middle level; ③ the Defendant is addicted to obscene video viewing and obscenity, and the Defendant is addicted to obscene material, and the behavioral control ability is insufficient.

Application of Statutes

1. Article applicable to criminal facts;

A. Facts in Article 1: Article 4 of the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 10258); Article 7(2) of the former Act on the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010; hereinafter the same shall apply); Article 298 of the Criminal Act (amended by Act No. 10258, Apr. 15, 2010; hereinafter the same shall apply); Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter the upper limit of punishment shall be 15 years of imprisonment); Article 8-2(3) of the former Act on the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof; Article 298 of the Criminal Act (amended by Act No. 10254, Apr. 25, 2015).

(b) Each fact listed in the judgment No. 2: Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Each Sexual Crimes, Article 298 of the Criminal Act (the fact that a person in a marital relationship makes indecent acts by force), Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act (the fact that indecent acts

(c) Each fact listed in the judgment No. 3: Article 5(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act (the fact that a person with a kinship has committed rape) and Article 7(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that a person with a kinship has committed rape

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

【Violation of the former Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Indecent Acts by blood) and Violation of the former Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (Indecent Acts by blood) and Punishment of Sexual Crimes and Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (Indecent Acts by blood) with more severe punishment

[Separate Punishment on Crimes of Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Relatives) and Punishment on Crimes of Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Indecent Act by Indecent Act by Relatives)]

[The punishment provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives) and the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape). Each punishment provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (Rape by Relatives)

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act / [thest punishment shall be imposed on September 2012, 201.]

8. Aggravation of concurrent crimes with punishment prescribed for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Relatives);

1. An order for disclosure;

The crime described in paragraph (1) of this Article: Article 3 (4) of the Addenda of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 10391 of July 23, 2010), Article 7 (2) of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 9765 of June 9, 2009), Article 38 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Crimes listed in paragraphs (2) and (3): the main sentence of Article 38(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. An order to notify;

The main sentence of Article 38-2(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (limited to crimes specified in paragraphs (2) and (3) of the Decision)

1. Orders to attach electronic tracking devices and matters to be observed;

Article 5(1)3, Article 9(1)2, and Article 9-2(1)3 and 4 of the former Act on the Probation, Electronic Monitoring, etc. of Specific Criminal Offenders (Amended by Act No. 11558, Dec. 18, 2012); Article 2(2) of the Addenda of the Act on the Probation, Electronic Monitoring, etc. of Specific Criminal Offenders; Article 5(1)4, Article 9(1)2 and (2), and Article 9-2(1)3 and 4 of the same Act

Grounds for sentencing

1. The scope of punishment by law;

From 7 years to 45 years of imprisonment.

2. Scope of sentence by the sentencing criteria; and

(a) Basic crime: A crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Relatives);

[Determination of Type] A sex offense group, general criteria, rape (subject to at least 13 years of age), Type 2 (Rape by Relatives)

[Special Aggravations] Aggravations: Not to reduce the victim who is vulnerable to the crime:

[Scope of Recommendation and Punishment] Six years of imprisonment or nine years of imprisonment (aggravating area)

[The scope of revised sentence of punishment] From 6 years to 13 years of imprisonment (the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with Relatives) is concurrent, the maximum (9 years) of the sentence shall be added to 1/2 (4 years and 6 months)).

(b) Concurrent crimes: Offenses in violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (Between Minors, etc. under thirteen years of age);

[Determination of Type] Sex Crime Group, General Criteria, Sex Offenses against the Age of 13, Type 3 (Indecent Act by Compulsion)

【Special Aggravations: None of the elements of increase or decrease:

[Scope of Recommendations] Imprisonment of 4 years to 7 years (basic areas)

(c) Concurrent crimes: Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent act by blood);

[Determination of Type] Sex Crime Group, General Standards, Crime of Indecent Act by Compulsion (subject to 13 years of age or older), Type 2 (Indecent Act by Relatives)

[Special Aggravations] Aggravations: Not to reduce the victim who is vulnerable to the crime:

[Scope of Recommendation and Punishment] Four years of imprisonment or seven years of imprisonment (aggravating area)

[The scope of revised sentence of punishment] From 4 years to 12 years of imprisonment (at least three crimes of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Relatives), the total of 1/2 (3 years and June) and 1/3 (2 years and April), respectively, shall be added to the upper limit of the sentence range (7 years).

From 7 years to 22 years of imprisonment (the lowest limit of the applicable sentencing guidelines for basic crimes (six years of imprisonment) set forth in the sentencing guidelines for basic crimes) is lower than the minimum limit of the applicable sentencing standards set by this Act (seven years of imprisonment), so the minimum limit of the punishment shall be set by the applicable sentencing standards by law, and the maximum limit set in the sentencing guidelines for basic crimes (three years of imprisonment and six months) shall be set by the applicable sentencing guidelines for each concurrent crime.

The sum of sections 1/3 (two years and four months of imprisonment) shall be determined by the upper limit of each punishment

3. Determination of sentence;

Although the defendant is responsible for protecting and raising a child's father as the father of the victim, he/she has repeatedly committed an anti-human act of rape and indecent act by compulsion of the victim for the last three years by taking advantage of his/her superior position as a tool to take the victim's sexual sense without establishing his/her sexual values. The crime of this case is extremely poor, as well as the possibility of criticism, and the victim resists the defendant's crime of this case, the defendant's crime of this case is extremely poor, such as threatening the victim as if the crime is an essential procedure for becoming the victim's future artist. The defendant is extremely poor. The defendant is aware of the victim's pregnancy because he/she did not want to engage in the crime because he/she did not want to do so, and the defendant does not seem to have any reflect or divided until he/she was aware of the crime of this case, and considering the mental impulse between the victim and his/her family members, he/she cannot be punished together with a cleaning agent.

However, after the defendant was detained in the instant case, all of his criminal acts are divided and reflected, and the defendant has no record of criminal punishment before the instant case, and all of the sentencing factors shown in the arguments in the instant case, such as the defendant's age, character and conduct, family environment, etc. shall be determined as ordered by considering the whole sentencing factors.

Where a conviction becomes final and conclusive on each of the crimes in this case subject to registration and submission of personal information, the defendant is a person subject to registration of personal information under Article 33 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and is obligated to submit personal information to the competent agency pursuant to Article 34 of the same

Judges Kim Jong-chul

Judges Jeon Soo-tae

The number of judges;

A person shall be appointed.