208Gohap682, 2008, 4, 2008, 2002

Violation of the Punishment of Sexual Crimes and Protection of Victims Act (Special Robbery, Rape, etc.);

Special robbery, Night engrasing thief, Night thief

Claimant

A

Manam-do

Attorney B (Korean National Assembly)

December 5, 2008

A defendant shall be punished by imprisonment for twenty-five years.

The ninety-one day of detention before this judgment is sentenced shall be included in the above sentence.

For a person subject to an application for attachment order, the attachment of an electronic tracking device shall be ordered for ten years. The matters to be observed in the attached Form shall be imposed on the person subject to the application for attachment order.

Criminal facts and the facts constituting the attachment order

On July 10, 2001, the defendant and the person subject to a request for attachment order (hereinafter referred to as the "defendants") were sentenced to four years of imprisonment for the crimes of the Punishment of Sexual Crimes and Violation of the Act on the Protection, etc. of Victims (Special Robbery, Rape, etc.") at the Daegu High Court, and were released on December 24, 2004 during the execution of the sentence on March 1, 2005 and the parole period passed.

1. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (special robbery, rape, etc.);

A. At around 04:30 on July 11, 2006, the defendant, at the house of the victim D (Wudio, 23 years of age), E (n, 22 years of age) and 201 located in Daegu-gu, Daegu-gu, the defendant showed the attitude that the above victims who intruded into the above studio building gas pipes through the windows, and walked the studio building through the studs on the strings, and let the above victims cover the strings, and 30 meters of the kitchen (total length) which is a dangerous object at the strings, and failed to resist and resist the head of the above E, and then reported the above 20,000 won of the 20,000 won of the 26,000 won of the 20,0000 won of the 20,000 won of the 26,000,000 won of the son and the 60,000.

B. At around 04:30 on September 29, 2006, at the house of the victim G(FFFC) of Daegu-gu 101 on the same method as that of the preceding paragraph, and then, at the same time, the victim was forced to have the victim cover 150,000 won in cash located in the bank of the victim who was deprived of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the incident, the victim was forced to have the victim cover 1,50,000 won in cash located in the bank of the victim who was deprived of the course of the course of the course of the course of the body of the body of the body of the victim, and caused the victim to resist the course of the body of the victim, and the victim was forced to have sexual intercourse with the victim by force.

C. On October 15, 2006, around 05:10, the victim I (the 23-year-old H building) invaded at the house of the 102 victim I (the 23-year-old) in the same manner as paragraph (a), and then the victim I am diving at the house, which is a dangerous object in the main bank, at the above point, at the door of the Garo, which is a dangerous object in the main bank, as above. The victim J (the 23-year-old), who was broken down in the main bank, was dive by using a Hand charging machine located therein, failed to resist the above two knife in the lock, and then failed to take a 50,000 won in cash from the wall inside the bank owned by the above JJ, and tried to commit rape, but the victims did not commit rape, but attempted to commit rape as mentioned above 1 in the above Ga.

D. Around 04:00 on April 28, 2007, K Building 103, which intrudes into the same place in the same manner as paragraph (a) at the house of the victim L (the 23-year old-gu), and then makes it impossible to resist the victim by threatening the knife with the knife, which is a dangerous object to the victim's knife at the human body, such as male-friendly Ma, and knife at the body of the knife at the body of the knife, and making the victim resist with the knife at the body of the knife", and continuously 6,000 won in the body of the knife, cut the knife, cut the knife of the victim, cut the victim's chest and knife the victim's knife in the body of the knife, knife the victim's k, and k out the k.

E. Around 04:30 on May 15, 2007, when the victim intrudes at the house of the 305-gu New Building No. 305 in the same manner as Paragraph (a) at the house of the 305-gu North-gu New Building (the 24-year old-gu) and then the victim shouldered at the string of the string, with the string of the string, the string part of the victim's left side with the string of the string, with the string of the string of the string, and with the string of the string, the 8,000 won in cash located on the part of the string of the string of the 2007, and the 24-year old-gu New Building No. 305, the 205-gu New Building No. 305, and the 24-year victim tried to rape by threatening the string of his criminal act.

F. At around 05:00 on June 5, 2007, the victim Q Q (n, 22 years old) put about a customary knife (20cm in length) which is a dangerous object outside the front door of the entrance, at the house of the victim Q (n, n, 22 years old), teared the shock net installed in the window connected to the living room through the above window, intruded the screen through the above window, followed the knife into the face of the victim who was broken down in the shoulder to recover cash, with the knife the knife of the knife in the face of the victim, and caused the victim to resist, and 10,000 won in cash on the part of the victim's wall in Daegu-gu P, Daegu-gu, and caused the victim to have his knife and pane the victim by threateninging the victim with the above knife, and 10,000 won in sexual intercourse as soon as possible after the victim's sexual intercourse.

G. On February 23, 2008, at around 04:55, the victim S (the 21-year old-gu R&A) intrudes into the same place at the home of the victim S (the 21-year old-gu R&A) in the same manner as paragraph (a), and takes the kitchen gate, which is a dangerous thing in the kitchen, into the victim's face, and takes the kitchen leeps into the victim's face, and makes the victim leeps it into the victim's face, and makes the victim resist and resist the victim's 50,000 won in cash within the wall owned by the victim, and 9,000 won in cash within the victim's friendship owned by the victim's friendship, and made the victim do sexual intercourse by continuously threatening the victim with the above knife and making the victim do so by force.

H. At around 04:50 on April 22, 2008, the victim V (the 19-year old), and W (the 19-year old-old) had intruded the above V at the house of the 19-year-old U building in the same manner as paragraph (a), and used the knife to the above V, which is a dangerous object in the string to the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string, the string of the string-gu U.S., and caused the victims to cover the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the st.

(i) Around 04:00 on May 28, 2008, the victim Y2 of the Daegu Jung-gu X-gu building 302 in the same manner as paragraph (a) was invaded at the victim Y (the 28-year-old X-gu building) at the home of the Y (the 28-year-old) and then the victim who was shouldered on the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the 2008, covered the string of the string of the string of the string, and caused the victim to cover the string of the string of the string and the string of the string of the string of the string of the string of the string of the string, but attempted rape.

(j) Around 05:30 on September 2, 2008, when the victim AA (Inn, 23 years of age) intrudes on the Z building 102 at the house of the victim AA (Inn, 23 years of age) in the same manner as that of the AA, during the course of the house following the house, the victim did not resist by covering the victim's own interest, and preventing the victim from resisting by "whether there is money", 5,00 won in cash inside the wall owned by the victim shall be deducted from the victim's interest, and the 5,000 won in cash inside the wall shall be deducted from the victim's interest, which is a thing dangerous to the bank continuously, and the victim and the victim shall be allowed to leave the victim's clothes by force, interview the victim's chest and the sound, prompt sexual organ of the defendant, and rape the victim by committing sexual intercourse once.

2. Special robbery;

At around 04:30 on June 2008, the victim AB building 201 at the house of Daegu-gu AB building 201 in the same manner as the victim AC (n, 32 years of age), and the victim took a 100,000 won in cash owned by the victim in the wall bed and tried to take a 100,000 won in the face of the bed, and the victim took a knife on the face of the knife and knife with a knife, which is a dangerous object in the face of the knife, and took a knife and knife the knife and knife against the victim, and took a knife with the above 10,000 won.

3. Night larceny and attempted larceny at night;

A. On August 2006, around 03:00, the victim AD building 103 of Daegu-gu Building No. 103 (Inn, 47 years of age) intrudes into the same method as Paragraph 1(a) at the house of the victim AE (Inn, 5 years of age), and then thefted the victim’s cash amounting to KRW 60,000,000 in total, and KRW 140,000 in total.

B. At around 05:00 on November 2, 2006, the studio 201 in Daegu-gu AF, and the 22 years old-gu AF met with the same method as the 1-A, and the victim's 250,000 won owned by the victim. On June 22, 2007, the victim's AI (n, 26 years old) of the 203-gu AH building was intruded at the house of the 203rd-gu, Daegu-gu, Seoul-gu, in the same manner as 1-A, the victim's 20,000 won in cash, 10,000 won in cashier's checks, 10,000 won in cash, and 90,000 won in the 20-gu, Daegu-gu AF-gu, and the victim's 250,000 won in the 1-gu, Daegu-gu, 2015.

4. Orders to attach electronic devices;

The defendant has committed sexual assault crimes on at least two occasions, and the defendant is deemed to have a habit of such crimes and is in danger of repeating such crimes.

Summary of Evidence

1. Statement corresponding thereto in this court; 1. Each statement made by the prosecutor with respect to AC and J of the defendant;

1. Each statement in the statement statement prepared by the judicial police assistant for AA, D, E, G, J. L, 0, Qu, AI, S, V, W, Y, K, AK, and AL, corresponding thereto;

1. A statement prepared in compliance with the AE Statement;

1. Each description corresponding thereto in each field place of a temporary inspection;

1. Each statement corresponding thereto among the table reports on requests for an appraisal to be prepared by the director of the South Korean Institute of Scientific and Investigative Research;

【Prior Records at the Time of Sales】

1. References to criminal records of the accused;

1. Entry corresponding to investigation reports (verification of the date of release from prosecution and attachment reports of judgment) prepared by the assistant prosecutor's office in Daegu District Prosecutors' Office;

【Risk of Reoffending at the Time of Sales】

In light of the fact that the defendant committed the same crime repeatedly despite the period of repeated crime in the same kind of crime, the defendant committed robbery in a chain of ten times over the period of two years, most of the offenses are identical and interviewed, the investigation report before the request of the Daegu Probation Office, etc., it is recognized that the risk of recidivism and recidivism is recognized.

Application of Statutes

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

Article 5(2) of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof, Articles 334(1) and (2), 297 of the Criminal Act, Article 5(2) of the Act on the Punishment of Sexual Crimes and the Protection of Victims Thereof, Articles 334(1) and (2), 298 of the Criminal Act, Articles 12 and 5(2) of the Act on the Punishment of Sexual Crimes and Articles 334(2) and (2), 334(1) and (2), 298 of the Act on the Protection of Victims Thereof, Articles 12 and 5(2) of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof, Articles 34(1) and (1), 297 of the Criminal Act (the selection of a limited term), Articles 32 and 5(2), 34(1), and 297 of the Act on the Punishment of Sexual Crimes and the Protection of Victims Thereof, Article 30(2) and (3) of the Criminal Act on the Selection of Specific Robbery and Rape

1. Aggravation for repeated crimes;

Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes, the proviso of Article 42 of the Criminal Act (limited to the crimes falling under any of subparagraph (a) through (g) at the market)

Article 35 of the Criminal Act (For the crimes of paragraphs (3) through (3) of the same Article)

1. Aggravation of 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 aggravation of concurrent crimes with punishment provided for in the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof on February 23, 2008 (Special Robbery, Rape, etc.)]

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Orders to attach electronic devices;

Article 9(1) of the Act on the Electronic Monitoring of Specific Sexual Offenders

1. Imposition of obligations;

Judgment on the defendant's assertion under Article 9-2 (1) of the Act on the Attachment of Specific Sexual Offenders' Monitoring System

The defendant asserts that there is no fact that he does not take the victim's timber at the time and place specified in Paragraph 1-b (b) of the judgment, but according to the victim's specific and clear statement at the police station, it can be recognized that at the time the defendant satise the defendant satis by covering the victim's face with the cover and taking over the satise. Thus, this part of the defendant's assertion is rejected.

For the reason of sentencing, each of the instant crimes committed by the Defendant, on the night, intrudes into a studio-type dwelling, taking property by threatening the victims with a deadly weapon, rapes or commits indecent acts against the victims, the Defendant committed rapes with seven persons during the period of two years after the imprisonment, and committed several robbery or larcenys.

Since the defendant has repeatedly committed the crime of special robbery and rape from the time when one year has elapsed since he was released from parole despite his previous convictions in the same kind of crime, the possibility of criticism is greater.

The victims mainly resided in the 20th first half of the beginning, and they were raped at night with lethal weapons from which they were lockedly locked at their home, and they were sexually threatened. The Defendant’s crime of this case was committed against many and unspecified persons, resulting in a large apprehension in the community, and led a large number of victims who were not able to take a cleaning place. The Defendant’s crime of this case should be punished by strict punishment in that it was committed against many unspecified persons, and there is a great need to defend society with respect to non-discriminatory sex crimes such as this case, and thus, the Defendant should be isolated from society for a long time.

The defendant appears to be against his own mistake, and as a result, he seems to have come to possess psychological and emotional unstable aspect as a result of his disorder in family environment, but the defendant cannot transfer his responsibility for his own act to any other person, and as long as he had been subject to criminal punishment by the same past force, and even if he had been subject to criminal punishment by the same force in the past, he is unable to repeat himself and repeatedly commit the same crime, he shall be subject to severe punishment for his act. In addition, there is no room to consider even in the criminal situation as he did not receive a letter from the victims and even if he did not have been recovered from the damage.

Therefore, in addition to the above circumstances, the Defendant’s age, character and conduct, environment, and circumstances after the crime are considered as a whole, and the sentence is ordered as per Disposition, by comprehensively taking into account all the conditions of sentencing as shown in the argument

The presiding judge, appointed judge;

Judges Excellent

Judges Civil Service Bureau