2017Gohap1214A. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

(Indecent Act by Compulsion)

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

(Chhographing)

1. A;

2. B

Woryoung (prosecutions) and Kim Jong-hwan (Trial)

Law Firm C (For the defendant)

Attorney D, E, and F

April 6, 2018

Defendant A shall be punished by imprisonment with prison labor for two years and by imprisonment for one year and nine months. The Defendants shall be ordered to complete the sexual assault treatment program for forty hours.

A smartphone (No. 1) seized shall be forfeited from Defendant B.

Criminal facts

The defendants are between friendship and the victim ○○○ (n, 20 years of age) and the middle school.

At around 20:00 on April 16, 2017, the Defendants: (a) 20:0, the subway No. 2 located in Seocho-gu Seoul Metropolitan Government, and (b) 10, the Defendant, while drinking the victim for the first time in a water year from the entrance to the new wall on April 17, 2017, the following day, the Defendants attempted the victim to move the victim to a nearby accommodation without returning to the victim that the victim was kid, or that the Defendant A did not resist any other resistance even if he was kid, while drinking the alcohol from the entrance to the new wall on April 17, 2017.

Accordingly, on April 17, 2017, at around 05:24, Defendant A entered H hotel located in Seocho-gu Seoul Metropolitan Government, and paid accommodation expenses, and got the passenger room kid with Defendant B, leaving the victim with Defendant B to the above hotel 404. During that process, Defendant A asked the victim “weeded?” and asked the victim “weed?” so that the victim would be the victim as if the victim consented to indecent conduct and shooting.

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

On April 17, 2017, at the guest room of the above hotel No. 404 on April 17, 2017, at around 05:40, Defendant A, under the influence of alcohol, was deprived of the victim’s south and white air retail eel, and brode in the order of the victim’s chest by entering the victim’s house, was fright off and panty back the victim’s chest, was fright back to the victim’s entrance, and was fright off and fright off the victim’s hair, or fright back the victim’s hair. On the other hand, Defendant B continued to fright back the victim’s right arms and shouldered the victim’s seat, so that the victim can see it in a direction that the victim can enjoy, but did not locked.

Accordingly, the Defendants committed an indecent act against the victim under the influence of alcohol.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

No one shall photograph another person’s body, which may cause sexual humiliation or shame against the latter’s will, using a camera or other similar mechanism, or distribute, sell, lease, provide, or openly exhibit or screen the taken object against the latter’s will. Nevertheless, at the time and time, at the place under the foregoing paragraph (1) above, the Defendants conspired in collusion with the latter to take the body of the victim, as well as at the place, the Defendant B taken the body of the victim, such as the kis, the kis, the kis, or the breath of the victim’s sexual organ toward the victim’s body, and the Defendant A taken the body of the victim against the victim’s will, upon the Defendant’s cell phone transfer, by taking the part of the victim’s cell phone from the victim’s body.

Summary of Evidence

1. Defendants’ respective statements in the first trial records;

1. Legal statement of victimOO of the witness;

1. Statement of the police officer to I;

1. The police seizure record and the list of seizure;

1. Voluntary report, investigation report (on-site investigation on April 19, 2017), investigation report (Attachment to CCTV images of H), investigation report (Attachment to on-site investigation and photographs on April 19, 2017), investigation report (Attachment to CCTVs installed at the entrance of H hotel), investigation report (Attachment to and analysis of CCTVs on April 19, 201), investigation report (limited to suspect DNA NA National Research and Investigative Research Institute's response to assessment of genes), investigation report (Attachment to suspect B mobile phone text messages);

1. Table 1. A table 1. Application of the Act and subordinate statutes to smartphone video photographing CDs

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

Defendants: Articles 4(3), (1), and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 299 of the Criminal Act; Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 30 of the Criminal Act (the adoption of photographs, such as a camera, and the selection of each imprisonment)

1. Aggravation for concurrent crimes;

Defendants: (A) The Defendants: Between concurrent crimes within the scope of adding up the long-term punishment of the crimes prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act to the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with a heavier penalty

1. Discretionary mitigation;

Defendants: Articles 53 and 55(1)3 of the Criminal Act (The conditions favorable to the reasons for sentencing below)

1. Order to complete programs;

Defendants: the main sentence of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes

1. Exemption from an order for disclosure and notification;

The Defendants: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendants did not have any history of criminal punishment for sexual crimes prior to the instant case; and (c) in light of the relationship between the Defendants and the victims, it is difficult to readily conclude that the Defendants are highly likely to recommit sexual crimes against an unspecified female. Furthermore, the Defendants’ order to disclose or notify personal information may have an effect to prevent recidivism to a certain extent solely with the sentence of imprisonment to the Defendants, personal information registration, and orders to complete sexual assault treatment programs. In addition, taking into account the Defendants’ age, environment, family relationship, social relationship, method and consequence of the crime, disclosure order, anticipated side effects of the disadvantages of the Defendants and expected sexual crimes subject to registration; and (d) the effect of protecting the victims thereof, the Defendants’ order to disclose or notify personal information shall not be issued).

1. Confiscation;

Defendant B: Article 48(1)1 of the Criminal Act; and Article 48(1)1 of the Criminal Act concerning the Defendants and defense counsel

1. Summary of the assertion

In light of the relationship between the Defendants and the victim, and the victim’s speech and behavior before and after the instant case, it is doubtful whether the victim had not reached the state of full exploitation until the time of the instant case, and whether the victim was unable to resist. In addition, in the situation where the victim did not reach the state of full exploitation, the victim asked the victim “we can see even see it?” and the victim consented to this. Thus, the Defendants thought that there was the consent of the victim for each of the instant crimes.

2. Determination

According to the images of the Defendants’ indecent act against the victim (including a smartphone screen CD and evidence list No. 13-2), the Defendants’ act of indecent act, such as (i) cutting off the clothes of the victim accumulated in the bed without awareness, (ii) cutting off the victim’s chest into the bed of the victim, (iii) leaving the victim’s bed, (iv) leaving the victim’s bed, (v) leaving the victim’s bed, or leaving the victim’s bed, or (v) leaving the victim’s bed into the bed, was committed; and (ii) continuously Defendant B kept the victim’s right arms and shoulders at the bed of the victim’s bed in the bed of the knife of the knife of the knife of the knife of the knife of the knife of the knife, but the knife of the knife of the knife.

According to the above facts, the victim appears to have been unable to resist at the time of each crime of this case, and even if the victim was not present at the time of each crime of this case, it does not change even if the victim was not present at the time of each crime of this case. In addition, even if the defendant A consented to the consent of the victim by asking the victim "weed up and stamped", it is difficult to see that the victim consented to the body of the victim in an unknown state and the photograph of the film. Furthermore, considering the fact that the defendants acted very early strush and that the victim might face, it is recognized that the defendants committed each crime of this case while recognizing the victim's consent without the consent of the victim. Accordingly, the above assertion by the defendants and the defense counsel cannot be accepted.

1. Reasons for sentencing: Imprisonment for a year and six months to June 17;

2. Scope of recommendations according to the sentencing criteria ( common among the accused).

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

[Determination of Type] Article 2 (Indecent Act by Indecent Act by Indecent Act by Indecent Act by Indecent Act by Force on the part of Relatives) of the General Standard on the Punishment of Sexual Act by Forced Act by Forced Act by Forced Act by Forced Act

[Special Aggravationd Persons] Aggravationd: Aggravationd area of increase in sexual humiliations or extreme sexual humiliations [Scope of Recommendation], 4 years to 7 years of imprisonment

(b) A violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as "amera, etc."): The sentencing criteria are not set;

(c) Final recommending punishment based on the standards for handling multiple crimes: Imprisonment with prison labor for not less than four years (limited to the lower limit of the standard for sentencing in light of the standard for sentencing in the case of concurrent crimes under the former part of Article 37 of the Criminal Act, since the crimes for which the sentencing criteria are set and the crimes for which no sentencing guidelines are set are set are concurrent crimes under the former part

3. Determination of sentence;

In full view of the various sentencing factors shown in the arguments in the instant case, such as the character, conduct, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc. as follows, the punishment is lower than the lower limit of the recommended sentence according to the sentencing guidelines, and the sentence is determined as the order.

○ Unfavorable circumstances: Each of the instant crimes committed by the Defendants committed indecent acts against the victim under the influence of alcohol, and taken the victim’s body, which may cause a sense of sexual humiliation, and the nature of the crime is not somewhat weak in light of the criminal background and method. The victim appears to have caused considerable mental impulse and sexual humiliation as the instant crime. The victim was suffering from the pain that the victim, not only investigation agencies but also in this court, made a statement of the damage that he did not want to memory. Nevertheless, the Defendants are consistent and consistent with the defense that it was difficult to obtain the victim’s consent, such as the victim’s thought that he/she was unable to resist, and there is no doubt as to whether it is against the truth, and the victim also sought the punishment of the Defendants.

In light of the favorable circumstances of ○: the Defendants have yet to reach their age, and there is no record of criminal punishment prior to the instant case. Defendant B appears to have been engaged in the instant case on a passive basis, and the degree of actual indecent act is relatively weak. Registration of personal information and submission of personal information.

Where a conviction is finalized on the crime in the judgment, the defendants are 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 they are obligated to submit personal information to the competent authority pursuant to Article 43 of the same

The presiding judge, judges and assistant judges

Judges Park Jong-ro

Judges Park Jae-gu

1) The Defendants and the defense counsel acknowledged all the facts charged of the instant case, and made the following arguments in consideration of the favorable circumstances.

The following arguments are the arguments to the effect that the establishment of each of the instant crimes is substantially denied:

Separate judgments shall be made.