2016Gohap1138 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, Injury by Rape, etc.), sexual width

Violation of the Act on Special Cases concerning the Punishment, etc. of Military Force Crimes (Indecent Act by Indecent Act)

2016.Saccacaca36 (Joint Attachment Orders)

A

A decoration (prosecution) and a letter-type trial;

Attorney B,C

February 10, 2017

A defendant shall be punished by imprisonment for six years.

Disclosure information on the accused shall be disclosed through an information and communications network for five years, and the notified information shall be notified during the aforesaid period.

For a person subject to an application for attachment order, the attachment of an electronic tracking device shall be ordered for 20 years. Matters to be observed by the person subject to the application for attachment order shall be imposed.

Criminal facts

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

A. On August 28, 2016, at around 03:30, the Defendant and the person subject to a request to attach an attachment order (hereinafter referred to as “Defendant”) opened a 000 public announcement note in Gangnam-gu Seoul Metropolitan Government D and intrudes into the victim E (nive, 46 years of age) through the second floor corridor by a visit that was not corrected in front of the living room of the victim E (nive, the age of 46), and then, the Defendant and the person subject to a request to attach an attachment order (hereinafter referred to as “victim”) committed an act of self-feasing the victim by taking out his sexual organ in front of the victim, shakinging him with his her st

B. Around 09:00 on September 16, 2016, the Defendant opened a 000 string door door in Seoul, Gangnam-gu Seoul, and intruded into the 2nd floor corridor by a visit that was not corrected in front of the living room where the victim G (the age of 22) was living in the victim G through the second floor corridor. A person who was locked in the bed in the bed part of the victim’s head, kids his sexual organ into his hands, and was sprinked by the victim’s hand, and the Defendant was asked on the part of the victim’s head. Accordingly, the Defendant invaded into the victim’s residence, and committed each indecent act by taking advantage of the victim’s state of difficulty to resist.

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

Around September 30, 2016, the Defendant discovered that a multi-household loan located in Gangnam-gu Seoul Metropolitan Government H is opened with windows of 2nd floor 000 above, followed by a protruding out part of the wall, and then intrudes into the wall through the window, and then, the victim I (15 years old) who frighted from the wall, frightd by the victim I (15 years old) and frighted by the victim I (15 years old), frighted the victim's sexual organ, frighted the victim's sound, and fright the Defendant frightd with the victim, and frighted the victim's face, three times more than three times, and the Defendant took an indecent act by forcing the victim to take care of the victim's chest and frightle in the process of taking care of the victim's house during the escape of the victim.

Facts of the cause of attachment order

On January 10, 2011, the Defendant was sentenced to a suspended sentence of two years and six months by committing a violation of the Special Cases concerning the Punishment, etc. of Sexual Crimes at the General Military Court on the 35th Military Service on January 10, 2011, and was sentenced to a suspended sentence of four years and six months, and the Defendant committed a sexual crime, including a sexual crime against a person under the age of 19 on at least two occasions as indicated in the judgment, and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Stenographic records of the police assigned to I;

1. Requests for appraisal, investigation reports, investigation reports (in response to requests for appraisal), investigation reports ( Results of response to the collection of the site), and investigation reports (clothe of the victim, and replys to the request for appraisal of cigarette butts of the suspect);

1. Medical records for victims of sexual assault, investigation reports (Submission of a written diagnosis of injury of a victim), and investigation reports (to hear statements of the victim I);

1. A photograph of damage, investigation report (related to the attachment of a photograph of the victim's body);

1. The risk of recidivism of a sexual crime committed in the judgment: (a) the following circumstances recognized by the above evidence and the written investigation before the request, i.e., the defendant committed a sexual crime against three victims including the victim under the age of 19 years, despite the fact that there was a record of suspended execution due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. As described in the judgment, the victims of the above crime committed a sexual crime against three victims including the victim under the age of 19 years. (b) The victims of the crime committed a sexual crime by intrusion upon the residence of an unspecified number of victims without any one-way manner between the defendant and the victim; (c) the defendant was found to have escaped immediately after the occurrence of the crime under paragraph (2) of the judgment, but upon the occurrence of the crime under paragraph (2) of the judgment, it appears that the defendant committed a sexual crime more violently, such as assaulting the victim and injuring the victim; (d) the result of the evaluation of the risk of a sexual offender to the defendant; and (e) the risk of the defendant's recidivism.

Judgment on the Defendant and defense counsel's argument

1. The assertion;

In relation to the crime of paragraph (2) of the judgment, the defendant only had the intention of escape at the time of the act of assault and did not have the intention of indecent act, and the defendant's act of assault and indecent act of indecent act was cut off time. However, there is no causation between the victim's injury and the defendant's act of indecent act. Thus, the defendant's act does not constitute the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the crime of assault and bodily injury by rape) but constitutes concurrent crimes

2. Determination

The result of "injury" in the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is sufficient if not only an assault occurred from an indecent act by force or an assault used as a means of indecent act by force, but also an opportunity to commit an indecent act by force. The following circumstances can be acknowledged by the evidence duly adopted and investigated by this court: ① A victim is forced to commit an indecent act by force from the victim who was diving by the defendant, and the victim is forced to leave the victim's face immediately after finding the victim's shoulder or the defendant out, and immediately assaults the victim's face by drinking (the investigation record 92,133,135,138 pages). If the victim resisted against this situation, the defendant escaped to the front door of the victim, fighting with the victim, and the victim's body and the victim's use of the victim's chest by force by force by force by force by force by force by force by force by force by force by force by force by force by force by force by force by force by force by force by force by force by force by force.

The defendant and defense counsel shall not be accepted.

Application of Statutes

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

Articles 8(1) and 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 298 of the Criminal Act (the occupation of an indecent act by compulsion of residence and the choice of a limited term) of the Criminal Act, Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 299 of the Criminal Act (the occupation of an indecent act by compulsion of residence and the choice

1. Aggravation for concurrent crimes;

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

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 of the Criminal Act)

1. An order for disclosure and notification;

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Registration of personal information under Article 5 (1) 3 and 43, Article 9 (1) 14, the main sentence of Article 9 (2), Article 9-2 (1) 3 and 4 of the Act on Probation, Electronic Monitoring, etc. of Specific Criminal Offenders;

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

1. Reasons for sentencing: Imprisonment with prison labor for a period from five years to 22 months;

2. Scope of recommended sentences according to the sentencing criteria;

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

[Determination of Punishment] The type 5 (Indecent Act by Indecent Act, such as Residence) shall be applied in cases where the result of bodily injury to a sex offender was caused.

[Special Mitigation] Minor Injury

[Scope of Recommendation] Reduction Area (five years of imprisonment - eight years of imprisonment)

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

[Determination of Type] Crimes of Indecent Act by Indecent Act by Compulsion (subject to 13 years of age or older) on the General Standards for Sexual Crimes

[Scope of Recommendation] Basic Field (2 years and six years of imprisonment - 5 years of imprisonment). Application of the standards for handling multiple crimes

From 5 years to 12 years of imprisonment;

3. Determination of sentence;

[Unfavorable circumstances] The crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force) is deemed to have been committed by the Defendant by intrusion upon a public official who resides in the night or a house in the night, or a house in the night, and thereby, the victims may feel a great sense of sexual shame. The crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) is punishable by the Defendant’s act of assaulting the room of a multi-household in which female students aged in the middle and in the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the term.

【Dissecing circumstances】 The bodily injury suffered by the victim of the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) is minor. The defendant has divided and reflected his mistake.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.

Judge of the presiding judge;

Judges Kim Gin-han

Judges fixed-type

1) KSOAS is classified as from 13 points to 13 points, PCL-R as from 25 points to 25 points, respectively, the risk of recidivism.

2) Article 9-2(1)4 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders

The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that orders to complete a program under subparagraph shall be imposed as stated in the attached Form.

No order to complete a program under the proviso to Article 16 (3) shall be issued concurrently pursuant to the proviso to Article 16 (3).

3) The defendant and his defense counsel did not recognize that the defendant was under the age of 19 at the time of committing the crime under Paragraph 2 of the ruling.

The Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, although the Act on Probation and Electronic Monitoring, etc.

The defendant's awareness of the age of the victim, which is a requirement under paragraph (1)4 of this section, shall not be subject to the requirement of an attachment order.

F. F. (See, e.g., Supreme Court Decision 2011Do5813, 2011Do99, Jul. 28, 2011), the foregoing assertion is rejected.

4) The main sentence of Article 9(1) and 1 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders

A sex crime is committed against a person under the age of 10 to 30 years, or a person under the age of 19;

Pursuant to the proviso of Article 9(1) of the above Act, the lower limit is aggravated by two times.