Defendant

Preliminary, Park Sang-hee (criminals) and Lee Jong-hee (public trial)

Attorney Kim Jong-hee (Korean national election)

Ma-○ et al.

Attorney Go Young-young

A defendant shall be punished by imprisonment for 18 years.

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

For the applicant for an attachment order, a location tracking electronic device shall be attached for 20 years.

Matters to be observed in the attached Form shall be imposed on the requester for attachment order.

All of the applications for compensation of this case are dismissed.

【Criminal Facts】

" 2013 Gohap171"

The defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") are persons who work as representatives of occupants of ○○○ apartment in the city of permanent lease and residence of persons with disabilities and persons with disabilities.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape-rape for the disabled);

On June 11, 2010, the Defendant lent KRW 5,000 to the high ○○○ (n, 58 years of age) of the victim on June 11, 2010. However, around 14:00 on June 2010, the victim was found to have leased KRW 5,00,00, which is one’s own residence, around 14:00, and again, at around 100, the victim was found to have leased KRW 107,00,00, which is one’s own residence. In order to have sexual intercourse with the victim of the intellectual disability 3 level 3, it was called “5,000,” and was placed on a room to have sexual intercourse with the victim, by taking advantage of the state where the victim was unable to resist due to any mental disability.

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

A. On February 12, 2013, around 12:00, the Defendant, at around 12:00, committed sexual intercourse with the disabled victim by having the victim engage in sexual intercourse with the victim 1st degree of intellectual disability (the disabled, 64 years old), prior to the coffee management office, by having the victim engage in sexual intercourse with the victim’s body by bringing the victim into his/her place of residence and placing him/her on the inside and outside of his/her house, and by having the victim engage in sexual intercourse with the victim, taking advantage of his/her state of failing to resist due to mental disability, by taking advantage of his/her state of failing to resist.

B. On March 12, 2013, the Defendant: (a) had the victim engage in sexual intercourse at around 12:00; (b) had the victim live in his/her place of residence and be placed in his/her inner room in accordance with the foregoing paragraph (a); and (c) had the victim engage in sexual intercourse with the victim, who was disabled, by taking advantage of his/her state of failing to resist due to mental disability, by taking advantage of his/her state of refusal

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

The Defendant had a mental disorder equivalent to class 3 of the intellectual disability in mind to have sexual intercourse with the victim △△△△△△△△ (the age of 29 at the time, and the △△△△△△△△). On July 12, 2012, the Defendant had a sexual intercourse with the victim and the △△△△△△△△, which was located in the Jeju-si, and had a sexual intercourse with the victim at around 205 on the same day, and around 13:00 on the same day, the Defendant took the victim under 205, “Istle” and “Is the victim, who was “Is the son and was paid in full,” and “Is the victim “Is the age of 29,000,000,” and had sexual intercourse with the victim by force, who was “Is the victim’s clothes compulsorily,” and was sexual intercourse with the victim by force.

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

A. On May 22, 2013, around 22:00, the Defendant: (a) committed an indecent act against the victim in response to the victim’s injury, i.e., entering the instant apartment building ○○○○ Dong, where the victim was at the age of 30; and (b) resisting the victim’s speech inside the said apartment building ○○○ Dong, where the victim was at the age of 30; (c) 22:00; and (d) by force, the victim’s chest and the head of the said house were

B. On June 21, 2013, the Defendant committed an indecent act on the part of the victim, who was at the present place of residence of △△△△△△, and was reported out of the window, with the victim’s “one-time delivery,” and the victim refused to do so by force, with the victim’s chests and the negative part of the victim’s chests, and the victim’s fingers by force.

"2014 Gohap26"

5. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (rape-rape, etc. against disabled persons);

The Defendant: (a) ○○○○○, Oct. 29, 1981,) was a victim’s pre-victimized disability 3; (b) 51; and (c) 31; and (d) 10 years of age and 10; (b) was merely a month of age 10 (the social age by detailed area: 11 years of mobility, 8 years of work capacity, and 9 years of communication capacity); and (c) was able to have sexual intercourse with the victim by using the victim’s state of non-performance due to any mental disability, such as having remarkably delayed recognition

Accordingly, the Defendant, who became aware of the victim as a neighbor in early 2006, was living in the middle of his mother and her old age, without being aware of Korean language and mountain water properly. When 21 years old compared to the Defendant came to know that the victim was about about a level of drinking, which was lower than that of the Defendant, the Defendant 21 years old and lower than that of the Defendant, and continued to maintain the victim and her son with the victim on the pretext of giving official books to the victim. On May 1, 2006, around 108, the Defendant 108 following the above apartment house (24 years old at that time) and she was able to write the victim on the part of her mother and her mother, left the victim's clothes near the neck in the same Dong, left the victim's clothes on the floor, left the victim's clothes, and continued to have sexual intercourse with the victim over 0 years from that time, and she was off from the victim's 10th of the sexual intercourse with the victim.

【Fact of Grounds for Attachment】

As above, the Defendant committed a sexual crime against four victims of mental disability over several occasions, and is highly likely to recommit a sexual crime.

1. Partial statement of the defendant;

1. The defendant's partial statement in the third protocol of trial;

1. Legal statement of the witness, ○○○ and full-time ○○;

1. Statement made by the witness ○○ in the fourth trial record;

1. Some statements of each prosecutor's protocol of examination of the defendant against the defendant;

1. Each police protocol on the ○○○, Do○, Kim○, and Do○○;

1. Records of each statement, each stenographic record;

1. The statement by the ○○○ recorded in the video CD;

1. The psychological evaluation report, the certificate of a person with a disability (OO), the certificate of a person with a disability (OOO), the reply to the request for investigation (a copy of the medical record of △△△△△△), and the written opinion of the experts in the sexual assault case against each child or the person with a disability

1. Report on internal investigation (with respect to the statement of the phone conversations of the victim), investigation report (on the spot category of the victim, such as the victim's ○○○, and the photographic board of the suspect), investigation report (Attachment to the telecom and the statement of opinion made by the victim, who has sexual intercourse with the △△△△△△△△), investigation report (verification of the victim's intelligence index), investigation report (verification of the victim'

1. The risk of recidivism in the judgment: (a) the defendant continuously committed each of the instant sexual crimes against four female disabled persons over several times, namely, the following circumstances acknowledged by comprehensively taking account of each of the above evidence and the written investigation before the claim; (b) the defendant does not seem to have an attitude at all to see the physical and mental pain experienced by the victims; and (c) the defendant's family relationship, etc. are likely to make it difficult to properly examine, manage, and supervise the defendant's family members; and (d) The defendant's age, character, and character, environment, and the circumstances leading to the instant crime, etc. are deemed to have a risk of recommitting sexual crimes and sexual crimes.

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

○ Paragraph (1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11088, Nov. 17, 201); Article 6 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11574, Dec. 18, 201); Article 297 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012); the main sentence of Article 42 of the former Criminal Act (Amended by Act No. 10259, Apr.

○ No. 2-A, B (a) of the Decision: Article 8 of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012); Article 6(4) and (1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012); Articles 299 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012)

Article 6(5) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes)

Article 6(6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Appointment of Imprisonment)

Article 4 of the Addenda to the Special Act on the Punishment, etc. of Sexual Crimes (amended by Act No. 10258 of Apr. 15, 2010), Article 8 of the former Act on the Punishment, etc. of Sexual Crimes (amended by Act No. 10258 of Apr. 15, 2010), Article 297 of the former Criminal Act (amended by Act No. 11574 of Dec. 18, 2012), Article 42 of the former Criminal Act (amended by Act No. 10259 of Apr. 15, 2010)

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. An order for disclosure and notification;

(1) Paragraph (1) and (5) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Article 41 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11162, Jan. 17, 2012)

Articles 2 through 4 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012); Articles 37 and 41 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Jan. 17, 2012)

1. Article 5 (1) 5, Article 9 (1) 1, and Article 9-2 (1) 3 and 4 of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders subject to the issuance of an order to attach an electronic tracking device and matters to be observed;

1. Article 32 (1) 3, Article 25 (3) 3, and 4 (Article 25 (3) 3 and 4 of the Act on Special Cases concerning the Dismissal, Dismissal, etc. of Applications for Compensation Orders (where the scope of liability for compensation is unclear and the trial proceedings are likely to be significantly delayed due to

Where a conviction on the instant case becomes final and conclusive, the Defendant is subject to registration of personal information pursuant to Article 2 of the Addenda, Article 32(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); and the Defendant is obligated to submit personal information to the competent authority pursuant to Article 5(1) of the Addenda on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Article 43 of the Act on Special Cases

1. Summary of the assertion

A. As stated in the facts of the crime, the Defendant did not rape the victim’s high ○○ and her pregnant ○○ as stated in the judgment, and committed the same act as described in paragraphs (3) through (5) of the criminal facts in the judgment, but committed the same act under the agreement with the victim’s high △△△ and her former ○○.

B. Of the facts stated in paragraph (5) of the judgment, in the case of the crime No. 1 of the annexed Table 2006 (in the case of the crime committed on May 2006, the period of prescription has already expired seven years since May 2013, and Article 20(3) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11088, Nov. 17, 201) provides that the statute of limitation shall not apply to sexual crimes against a woman with a physical or mental disability, and thus, this part of the crime shall not apply to this part of the crime in accordance with the principle of non-prosecution of punishment, etc.

2. Determination

A. Whether the defendant has quasi-rape, sexual intercourse, or indecent act by force against the victims respectively;

In light of the following circumstances acknowledged by the evidence, i.e., disability rating of the victims, the victim's psychological evaluation results (victim's senior high age 7.08 years old, social index 44 years old, social age 7.6 years old, social index 42 years old, victim's senior △△△△△△: 61, intelligence index 51, social index 31), and the victim's statements, it is difficult to see that the victims have intellectual ability to make a false statement against the defendant. ② The experts also have a relatively detailed and detailed statement, and it is difficult to see that the defendant and the victim have a false statement. ③ The victim's senior ○○○○○ was often victim and the victim's senior △△△△△△△△△△△△△△△△△△△△△△△△△△△△△△△△△△△△△△△△△△△△△△△△△, and the victim's motive to make a false statement with the victim's body on the day of this case.

Therefore, we cannot accept this part of the defendant and his defense counsel.

B. Judgment of acquittal as to the charge No. 1 of the annexed crime list No. 5 of the facts stated in the judgment

1) Relevant legal principles

The principle of non-prosecution of punishment is about the issue of "aggravated punishment for an act", i.e., whether it is possible to "under any conditions from the speech," and it is not about the issue of "feasible during the period". Thus, even if a law suspending the statute of limitations for an act already committed in the past, it cannot be readily concluded that such a ground alone violates the principle of non-prosecution of punishment, which is the derived principle of the principle of no punishment without law as provided in Articles 12 (1) and 13 (1) of the Constitution. In addition, where the statute of limitations has not expired, such a provision of law has retroactive effect as an extension of the statute of limitations in the process, but it can be justified under the Constitution where the public interest takes advantage of the public interest to be achieved through the extension of the statute of limitations system and the extension of the statute of limitations (see, e.g., Constitutional Court en banc Decision 96Hun-Ga2, 96Hun-Ba7, 96Hun-Ba13, Feb. 16, 1996).

2) Determination

A) The statute of limitations period

The statute of limitations for this part of the crime is seven years from the date of May 2006, which is the date of the execution of the crime (Article 3 of the Addenda of the Criminal Procedure Act (amended by Act No. 8730, Dec. 21, 2007); Article 249 (1) 3 of the former Criminal Procedure Act (amended by Act No. 8730, Dec. 21, 2007); and this part of the indictment date is February 12, 2014.

B) Whether the statute of limitations has been excluded

(1) Amendment of the relevant laws and regulations

① Article 20(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010; hereinafter the same date) provides that “The statute of limitations of a sexual crime against a minor shall run from the date on which the minor who has suffered from the relevant sexual crime reaches his/her adult age, notwithstanding Article 252(1) of the Criminal Procedure Act,” and Article 2(2) provides that “The statute of limitations of a sexual crime against a minor shall run from the date on which the minor who has suffered from the relevant sexual crime reaches his/her adult age,” and Article 3 through 9 provides that “The statute of limitations shall be extended by ten years if there are scientific evidence proving the relevant crime, such as DNA evidence, etc.” In addition, Article 20(1) of the Addenda of the same Act (amended by Act No. 10271, Apr. 15, 201; hereinafter referred to as “the Act on the Protection of Children and Juveniles from Sexual Abuse” shall also apply Article 201601.

② Meanwhile, Article 20(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11088, Nov. 17, 2011; effective the same date) provides that “where a person commits a crime under Article 297 (Rape) or 299 (limited to quasi-rape and quasi-rape) (limited to quasi-rape) of the Criminal Act with respect to a female under the age of 13, the statute of limitations provided for in Articles 249 through 253 of the Criminal Procedure Act and Articles 291 through 295 of the Military Court Act shall not apply, notwithstanding paragraphs (1) and (2), does not have any transitional provision as seen below (hereinafter referred to as “instant provision excluding the statute of limitations period of limitations”). However, Article 20(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11283, Feb. 128, 2012).

③ Article 21 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) provides that “The amended provisions of Article 21 shall apply to any sexual crime committed before the enforcement of this Act, which has yet to be completed,” under Article 3 of the Addenda of the same Act (amended by Act No. 11556, Dec. 18, 2012) (amended by Act No. 11572, Dec. 18, 2012).” This provision provides for the same purport as Article 20 of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Jun. 19, 2013).

3) In the instant case:

However, the exclusion provision of the statute of limitations in this case was enforced before the expiration of the statute of limitations (round May 2013) of the crime in this case. The exclusion provision of the statute of limitations in this case does not contain any explicit transitional provision different from other extension or exclusion provisions as seen earlier.

① However, in light of the aforementioned legal principles, the retroactive effect of the statute of limitations, such as exclusion of the statute of limitations, is permissible under certain conditions under the Criminal Act; ② each of the above provisions including the extension of the statute of limitations, except for the exclusion provisions of the statute of limitations, has the same transitional provisions allowing retroactive effect; ③ the special provisions and the transitional provisions of the Addenda, such as exclusion of the statute of limitations, are provisions on retroactive effect that extend or exclude the statute of limitations in the event of a specific sexual crime under the age of 13 or under the condition that the statute of limitations has not expired, which is the provision on retroactive effect that excludes the statute of limitations of public prosecution of this case. However, if the statute of limitations has not expired for the disabled women, it is concluded that the statute of limitations of this case is legislative decision that takes precedence over the public interest to achieve through the extension or exclusion of the statute of limitations of the statute of limitations period of limitations, and thus, it is reasonable to exclude the statute of limitations of public interest, such as the need for the punishment of sexual crimes against disabled women, etc.

Therefore, this part of the argument by the defendant and his defense counsel is not accepted (and the crime No. 2 in the annexed crime list No. 2 is the expiration date of the statute of limitations, but the application of the statute of limitations in this case is legally excluded according to the provision that expands the statute of limitations in this case).

1. The scope of applicable sentences: Imprisonment for a period of seven years to forty-five years;

2. Application of the sentencing criteria;

(a) The offense of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

[Determination of Punishment] Sex Offenses, General Criteria, and Sex Offenses against Persons with Disabilities (At least 13 years of age), Type 4 (Rape)

[Special Aggravation] Continuous and Restigious Crimes against Many Victims

[Scope of Recommendation] Aggravated Punishment, 8 years to 12 years

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

[Determination of Type] A sex offense and a sex offense against persons with disabilities (at least 13 years of age), type 4 (Rape)

[Special Aggravation] Continuous and Restigious Crimes against Many Victims

[General Aggravation] Sexual Intercourses with Same Opportunities

[Scope of Recommendation] Aggravated Punishment, 8 years to 12 years

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

[Determination of Punishment] Sex Offenses, Sex Offenses against Persons with Disabilities (At least 13 years of age), Type 2 (Indecent Acts)

[Special Aggravation] Continuous and Restigious Crimes against Many Victims

[Recommendation Scope of Punishment] Aggravation, 2 years of imprisonment to 3 years (in case of a deceitful Act, the upper and lower limit of the scope of punishment shall be mitigated to 1/2)

(d) Crimes in violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (rape-rape, etc. against disabled persons);

[Determination of Type] A sex offense and a sex offense against persons with disabilities (at least 13 years of age), type 4 (Rape)

[Special Aggravations] Continuous and Restigious Crimes against Many Victims; pregnancy

[Recommendation Scope of Punishment] Special Diplomatic Area, 8 years to 18 years

(e) Handling multiple offenses: Imprisonment with prison labor for up to 8 years up to 33 years; and

Since there are three or more concurrent crimes, the scope of sentence shall be determined by summing up nine-years which are 1/2 of the upper limit of the scope of sentence of concurrent crimes 1 and six-years which are 1/3 of the upper limit of the scope of sentence of concurrent crimes 2 in 18 years, which are the upper limit of the scope of sentence.

3. Determination of sentence: 18 years of imprisonment, 10 years of an order to disclose and notify, and 20 years of an attachment order;

○ A favorable normal condition: The defendant has no particular history of punishment.

○ Unfavorable Circumstances: The fact that there is a high possibility of social criticism in light of the form and frequency of crimes, such as sexual intercourse and indecent act, etc. committed by four victims who are disabled persons over a long period of time; the victims have considerable mental impulses, such as attempted suicide, etc.; however, they do not make all efforts to avoid the victims; and the fact that all of the crimes of this case are not denied and against this law until this law is established.

[Attachment]

Judges Kim Yang-ho (Presiding Judge)