2014Gohap233 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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

○○ Kim (1979 Life) (197), Non-Service

Park Sang-hoon (Criminal Prosecution) and the chief of a district court (Public trial)

Attorney Lee Sung-hoon (Korean Civil Code)

July 16, 2015

A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.

The information on the accused shall be disclosed and notified through an information and communications network for five years.

Criminal facts

On May 30, 2013, the Defendant was sentenced to 10 months in the Jeju District Court due to night buildings, intrusion upon buildings, larceny, etc., and completed the execution of the sentence in the Jeju Prison on February 27, 2014.

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

On May 27, 2014, at around 20:58, the Defendant was a neighboring resident who had resided in an apartment, such as Victim X (Y, 26 years of age, intellectual disability 1 level, intelligence index 47 years of age, and social age 7.6 years of age) in the past, and discovered the victim immediately in front of the Amaart ○○○○○○○ in Seopo-si, Seopo-si, Sinpo-si, and attempted to commit an indecent act by using psychological and physical difficulty that the victim has significantly impaired communication or social judgment ability due to mental disorder, and that the meaning of sexual behavior has not been understood as proposed.

At around 21:05 on the same day, the Defendant entered the victim into the Mart and 21:05 on the same day, sent the victim's body to the victim as he displayed, sealed the victim's body in the rear side of the victim who saw the victim, and kiddd the victim's chest.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim's mental disability such as failing to resist or failing to resist.

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

At around 21:07 on May 27, 2014, the Defendant continued to go together with the victim and the victim to go together and want to get in the house. On the same day, the Defendant, at around 21:20 on the same day, had the victim feel to have sexual intercourse with the victim, and had the victim ○○○ in the same line with the victim 106.

In addition, the Defendant, on the part of the victim, laid down the victim on the bed, laid down the panty of the victim, laid down the chest, laid down the victim's upper part and the brue, laid down the knife with the knife, laid down the knife with the knife, and inserted the Defendant's sexual organ into the part of the victim's sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disability such as disability to resist or to resist.

Summary of Evidence

Omission

Application of Statutes

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

Article 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act

section 6(4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes,

§ 298 of the Act (the occupation of quasi-indecent act by compulsion of the disabled and the choice of imprisonment)

1. Aggravation for repeated crimes;

Articles 35 and proviso of Article 42 of the Criminal Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, Article 50, and the proviso to Article 42 of the Criminal Act [the heavier punishment]

Aggravation of concurrent crimes with a disability provided for in the Act on Special Cases concerning the Punishment, etc. of Meritorious Crimes (the Criminal Act)

42. Scope of the proviso to Article 42

1. Order to complete programs;

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

1. Order to disclose and notify;

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, children and juveniles

Articles 49(1)2 and 50(1)2 of the Act on the Protection of Sexual Abuse

Registration of Personal Information

Where a conviction becomes final and conclusive on each crime in the judgment, the defendant is 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 he/she shall submit personal information to the competent agency pursuant to Article 43 of the

Reasons for sentencing

1. Scope of applicable sentences by law: Seven years to fifty years; and

2. Application of the sentencing criteria;

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

【Determination of Punishment】

The General Criteria for Sex Offenses

[Scope of Recommendation] Basic Field, 6 years to 9 years

【General Convicts】

Reduction element: Serious reflect

Aggravations: Cumulative repeated crimes not falling under special lectures;

(b) Violation of the Act on Special Cases concerning the Punishment of Sexual Crimes;

【Determination of Punishment】

The general standards for sex crimes shall be prescribed by the second type of sex crimes subject to the disabled (not less than 13 years of age).

【Special Convicted Persons】

Measures to reduce: Where the degree of indecent conduct is weak;

[Scope of Recommendation] Reduction Area, one year and six months to three years

【General Convicts】

Reduction element: Serious reflect

Aggravations: Cumulative repeated crimes not falling under special lectures;

(c) The scope of final sentence according to the standards for dealing with multiple crimes;

From 6 years to 10 years (a) the upper limit of offenses + (b) the upper limit of offenses 1/2)

3. Determination of sentence: Imprisonment with prison labor for not less than seven years and order to complete a sexual assault treatment program for not more than eight hours;

The crime of this case is not very good because the Defendant committed indecent act by compulsion or sexual intercourse against the victim who has difficulty in resisting or resisting due to intellectual disability. The Defendant committed each of the crimes of this case at night, residence, larceny, etc., and constitutes a repeated crime only three months after the execution of the punishment. The Defendant did not take any measure taken by the Defendant to recover the damage of each of the crimes of this case. A serious punishment is required for sex offenses against the disabled who need social interest and protection.

However, when the defendant comes to this court, all of the crimes of this case are recognized and reflected, the defendant has no record of the same crime, the defendant does not seem to have committed each of the crimes of this case in a planned manner, and the fact that the defendant's health is not good due to the deterioration of the defendant, etc. shall be considered as favorable circumstances for the defendant.

In addition, the punishment shall be determined as per the order, comprehensively taking into account all the sentencing factors shown in the pleadings of this case, such as the age, character and conduct, home environment, and circumstances after the crime.

It is so decided as per Disposition for the above reasons.

(Presiding Judge)

Manyman;

Jinsia