The punishment of sexual crimes, protection of victims, etc., 208, 2008, 2008, 116 (Joint)

Violation of the Act (Special Robbery, Rape, etc.), sexual crimes

Punishment of Rape and Violation of the Protection, etc. of Victims Act

2) The Act on the Punishment of Sexual Crimes and the Protection of Victims

Violation of law (Bodily causing rape, etc.), punishment of and damage to violent crimes.

Violation of the Act on the Protection, etc. of Victims (Special Rape) and Sexual Assault

Violations of the Punishment of Offenses and Protection of Victims Act (Special Cases);

Indecent Act by compulsion, punishment of sexual crimes, protection of victims

Violation of the Act (Housing Rape, Rape, etc.) and disposition of violence, etc.

Violation of the Punishment Act (a group, a deadly weapon, etc. in residence), breadth;

Violations of the Act on the Punishment, etc. of Forced Acts (collectively Weapons, etc.);

m) Violation of the Punishment of Violences, etc. Act

(Bodily Injury Caused by Deadly Weapons, etc.)

A Gamb (57 years old, south) and self-employed

Kang Jong-dae

Public-service advocates’ standing rules (State vessels)

September 26, 2008

Defendant shall be punished by imprisonment with prison labor and in 22 years and 6 months. The number of detention days prior to the pronouncement of this judgment shall be included in the above sentence. The perusal information of the Defendant shall be provided for an inspection for five years.

Criminal facts

1. 208, correspondence 63;

(a) Violation of the Punishment of Violences, etc. Act (a) and violation of the Act on the Punishment of Violences, etc. and the Punishment of Violence, etc. Act (a group, scarcity, violence, etc.);

On June 22, 2001, at around 01:22, the Defendant entered the said house in a manner that is unknown for rape, carrying with him a knife, who is a deadly weapon, at the victim’s maximum ○○ (Nam, 15 years of age) located in Chungcheongnam-gun, and infringed upon the victim’s residence.

However, in order to report that the victim is a male, and to waive the rape and escape, the victim was threatened with the victim by showing the attitude that the victim would have committed an act, such as taking the knife and knife the defendant, etc.

(b) Violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (special rape), and the Punishment of Violences, etc. Act (a group, deadly weapon, etc. and an intrusion on residence);

On September 6, 2001, at around 01:10, the Defendant invadedd the victim’s residence by means of not being known with the knife, which is a deadly weapon at the victim’s residence, in a way that it is impossible to identify, at around 30 years of age, at around September 6, 2001, the Defendant abused the victim’s knife, which is a deadly weapon, in the item of the victim’s knife, and threatened the victim with the resistance, and sexual intercourse at one time with the victim. The Defendant raped the victim under the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (special rape) and the Punishment of Violence, Etc. (collective, deadly weapons, etc.).

피고인은 2001. 9. 11. 02:00경 충남 서천군에 있는 피해자 정 ㅇㅇ(여, 22세), 피해자 정(여, 17세)의 주거지에 이르러 위험한 물건인 과도를 휴대하고 알 수 없는 방법으로 피해자들의 주거지에 침입한 다음 위험한 물건인 과도를 피해자 정○○의 목에 들이대고 “불을 꺼라. 죽여 버리겠다"라며 피해자를 협박하여 그 반항을 억압한 다음 피해자 정00를 1회 간음하여 강간하고, 같은 방법으로 위험한 물건인 과도를 이용하여 피해자 정◎◎의 반항을 억압한 다음 피해자 정◎◎을 1회 간음하여 강간하였다.

(d) Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (special rapes);

Around 04:00 on April 30, 200, the Defendant invadedd the victim’s residence in the way that it was unknown to the victim’s age 29) by means of not knowing the victim’s residence, and putting the knife, which is a dangerous thing in the kitchen, into the part of the victim, and boomed the victim’s resistance by threatening the victim to “explosion and clothes off,” and attempted to rape by having sexual intercourse with the victim once. However, the Defendant did not commit rape with the wind that the victim’s “Bre” and resisted it.

(e) Violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (special rape), and the Punishment of Violences, etc. Act (collectively, deadly weapons, etc. and intrusion upon residence);

Around 21:00 on February 15, 2003, the defendant invadedd the victim's residence in a way that it is impossible to carry with him the knife, which is a deadly weapon, in a way that it is impossible to identify the victim's residence, and then knife the knife the knife, which is a deadly weapon, to the victim, and knife the knife with the knife. knife. knife. knife. knife the knife. knife. knife. kn. k. kn. k. k. k. k.

피고인은 2003. 3. 27. 10:20 경 부산 해운대구에 있는 피해자 권ㅇㅇ(여, 38세)의 주거지에 이르러 알 수 없는 방법으로 피해자의 주거지에 침입한 다음 알 수 없는 공구를 들고 피해자에게 “조용히 해라”라며 피해자를 협박하여 그 반항을 억압한 다음 피해자를 1회 간음하여 강간하려고 하였으나, 때마침 안방에서 잠을 자고 있던 피해자의 남편이 인기척에 일어나 “너, 누구냐”라며 고함을 지르자 이에 놀라 도망가는 바람에 강간의 뜻을 이루지 못하고 미수에 그쳤다.

(g) Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Attempted Rape and Rape);

Around 04:00 on August 28, 200, the Defendant: (a) invaded the victim’s residence in Busan Shipping Daegu in a way that it was unknown to the victim’s age of 17; (b) and then, (c) frightened the victim in a manner that could not know of the victim’s residence; (d) and (e) frighted the victim in a manner that she could not know about the victim’s whereabouts; (b) she attempted to rape the victim by assaulting the victim in a tool that could not be known that she could not be pregnant; and (e) she attempted to rape the victim on one occasion, and (e) she did not commit rape, but did not commit rape without having the victim’s intent.

H. Violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (Rape and Injury)

At around 1:50 on May 19, 2006, the Defendant entered the victim's residence in Busan Shipping Daegu (the knife, 37 years of age) in a way that it is impossible to carry with him the knife, which is a deadly weapon, and knife the knife of the victim in a way that it is impossible to identify the victim's knife, knife the knife of the victim, knife the victim, knife the knife of the deadly weapon, and knife the victim, and tried to rape the victim with sexual intercourse on one occasion, but tried to rape the victim, but it did not result in rape with the wind that knife the victim's body, such as the knife, which is a deadly weapon, at least three times during which the treatment period cannot be known to the victim.

(i) Violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (Special Robbery, Rape, etc.), the Punishment of Sexual Crimes and Violation of the Act on the Protection, etc. of Victims thereof (Attempted Special Robbery, Rape, etc.), and violation of

피고인은 2006. 6. 30. 01:00경 부산 해운대구에 있는 피해자 김00(여, 24세), 피해자 김◎(여, 22세)의 주거지에 이르러 흉기인 칼을 휴대한 채 출입문 유리창을 깨고 그 틈으로 알 수 없는 도구를 집어넣어 출입문을 여는 방법으로 피해자들의 주거지에 침입한 다음 흡기인 칼을 피해자 김이의 목에 들이대고 “조용히 해라. 하라는 대로만 하면 빨리 갈 것이다. 옷을 벗어라”라며 피해자 김○○를 협박하여 그 반항을 억압하였다. 그러자 이에 겁을 먹은 피해자 김이가 “잘못했다. 돈이 필요하면 주겠다"고 사정을 하며 피고인에게 현금 10만 원을 꺼내어주었다.

Upon receipt of this, the Defendant took 100,000 won in cash owned by the victim Kim 00.

피고인은 계속하여 겁에 질려 있는 피해자 김○○을 1회 간음하여 강간하려고 하였으나 피해자 김○◎가 울면서 사정을 하자 강간의 뜻을 이루지 못하고 미수에 그치고, 그 옆에 있던 피해자 김○○에게 흉기인 칼을 들이대고 협박하여 그 반항을 억압한 다음 피해자 김을 1회 간음하여 강간하였다.

(j) Violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof, and violation of the Punishment of Sexual Crimes and Protection, etc. of Victims thereof;

On August 17, 2006, at least 08:30 on August 17, 2006, the Defendant: (a) entered the victim’s residence of the victim Kim Gei (n, 13 years of age) and the victim’s Kim (n, 11 years of age) with a lethal weapon, and committed an indecent act by force against the victim, such as: (b) entering the victim’s domicile; (c) knife knife, with a deadly weapon; (d) knife knife knife knife; (d) knife the victims by threatening the victims; and (e) knife knife knife the victims; and (e) knife the victims; and (e) knife the victims’ knife knife knife knife knife knife knif.

(k) Violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof, and violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc. and an intrusion);

At around 09:00 on November 2006, the Defendant: (a) opened a knife, which was a deadly weapon, and intruded into the victim’s residence; (b) forcedly knife the victim by means of intimidation against the victim; (c) forced the victim to engage in sexual intercourse once, but (d) did not commit rape with the wind resistance of the victim.

(l) Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof;

At around 18:00 on November 26, 2006, the Defendant: (a) entered the victim’s residence in the Busan Metropolitan City Kim △△△△△△ (n, 19 years of age); (b) in a way that it is impossible to identify, carrying with him the knife, the victim’s head knife; (c) knife the victim’s head knife; and (d) knife the knife, which is a deadly weapon, with the victim’s knife; and (d) threatened the victim with “I knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

(m) Violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof, and violation of the Punishment of Violences, etc. Act (a group, a deadly weapon, etc. and an intrusion on residence);

The Defendant, at the beginning of the first half of 2007, invadedd the victim's residence with a lethal weapon of 00 (n, 13 years of age), which was located in the Busan-gun, by carrying a knife with him.The Defendant attempted to suppress the victim by means of threatening the victim with a lethal weapon, and sexual intercourse with the victim once, but did not commit rape. (Ha) The Defendant did not commit rape in violation of the Act on the Punishment of Sexual Crimes, Protection of Victims, etc. (Special Rape) and Punishment of Violences, etc. Act (a group, deadly weapons, etc.).

On March 23, 2007, at around 29:0, the Defendant opened a knife, which was a deadly weapon, and intruded on the victim’s residence, which was located in Busan Shipping Daegu at around 29 years of age, and led to an attempted rape without having the intent of raped the victim by threatening the victim by means of threatening the victim with the deadly weapons, and by suppressing the victim’s resistance, the Defendant attempted to rape once, but did not commit rape with the wind to resist and resist the victim’s knife.

o. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Special Rape), and Violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)

On May 207, the Defendant opened a knife room, which is a lethal weapon, at the victim KimO (n, 31 years of age) located in the 21:30 Busan Gun, and intrudes the victim’s residence, and then took the knife the knife, which is a lethal weapon, into the victim’s residence, and knife the knife the knife, “I am knife. knife knife knife knife knife knife knife knife knife knife knife knife knife knife n

p) Violation of the Act on the Punishment of Sexual Crimes, Protection of Victims Thereof (Special Rape), and Punishment of Violence, etc. (collectively, deadly Weapons, etc.)

On July 14, 2007, at around 14:00, the Defendant opened a knife, which is a deadly weapon, and intruded into the victim’s residence, at around 35 years of age, at the time of the victim’s knife in Busan, Busan, the Defendant: (a) knife the knife that is a deadly weapon; (b) knife the knife that is a deadly weapon; (c) threatened the victim with the victim’s resistance; and (d) threatened the victim with the victim’s resistance; and (d) raped the victim on one occasion.

Around 14:00 on September 15, 2007, the Defendant, while carrying a knife, which is a deadly weapon, intrudes on the victim’s residence in Busan Shipping Daegu, and thereby enjoying the victim’s knee with knee with kne, and threatened the victim with the deadly weapon, by means of threatening the victim to commit sexual intercourse with the victim at one time, but did not commit rape with the wind of the victim.Therefore, the Defendant did not commit rape in violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Bodily Injury resulting from Rape, etc.).

around 02:00 on October 200, the Defendant: (a) entered the victim’s residence, with a knife, which was a deadly weapon, and went into the victim’s residence; (b) threatened the victim with a deadly weapon; (c) threatened the victim with resistance; (d) threatened the victim with sexual intercourse at one time; and (d) attempted to rape with the victim, such as knife the knife with knife with knife with knife by hand; and (e) led the victim to rape at one time; and (e) attempted to rape with the victim’s hand; and (e) during that process, knife with knife with knife with knife of the victim; and (e) led the victim’s knife with knife not known of the period of treatment.

(s) Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Special Rape), and the Punishment of Violences, etc. Act (collectively, deadly weapons, etc. and homicides);

피고인은 2008. 2. 9. 13:00경 부산 해운대구에 있는 피해자 전 ㅇㅇ(여, 22세)의 주거지에 이르러 흉기인 칼을 소지하고 시정되지 않은 현관문을 열고 들어가 피해자의 주거지에 침입한 다음 흉기인 칼을 피해자에게 들이대고 “소리 지르지 마라. 소리 지르면 찌른다. 말만 잘 들으면 안 다친다”라며 피해자를 협박하여 그 반항을 억압한 다음 피해자를 1회 간음하여 강간하였다.

(t) Violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof, and violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc. and intrusion);

피고인은 2008. 2. 11. 부산 기장군에 있는 피해자 조ㅇㅇ(여, 27세)의 주거지에 이르러 흉기인 칼을 휴대하고 시정되지 않은 현관문을 열고 들어가 피해자의 주거지에 침입한 다음 흉기인 칼을 피해자의 허벅지에 들이대고 “떠들지 마라. 침대 위에 누워 다리를 벌려라" 라며 피해자의 속옷을 벗기려 하였으나 피해자가 저항을 하자, 그 옆에 있는 피해자의 아들(생후 3개월)의 목에 흉기인 칼을 들이대며 마치 피고인의 뜻에 응하지 않을 경우 피해자의 아들에게 어떠한 위해를 가할 듯 한 태도를 보임으로써 피해자를 협박하여 그 반항을 억압한 다음 피해자를 1회 간음하여 강간하려고 하였으나 피해자가 생리 중이라며 완강히 저항하는 바람에 강간의 뜻을 이루지 못하고 미수에 그쳤다.

(u) Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof, and violation of the Punishment of Violences, etc. Act (a group, a deadly weapon, etc. and an intrusion);

On February 22, 2008, at around 12:35, the defendant invadedd the victim Kim - (Inn, 16 years of age), who was living in Busan Shipping Daegu, in a way that it is impossible to be identified by carrying with him the knife, which is a deadly weapon, and then knife the knife, which is a deadly weapon, to the victim, and threatened the victim with the resistance, and threatened the victim, and attempted to rape one time by sexual intercourse with the victim, but the part of the victim living in the knife floor was found to have the victim's residence, and the knife did not commit rape with the wind to escape from the knife of the knife.

(v) Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof, and intrusion upon residence;

On April 17, 2008, the Defendant, at around 14:30 on April 14, 2008, committed assault against the victim, who was living in Busan Metropolitan City, opened a kitchen entrance that has not been corrected when he was living in the victim’s residence, and intrudes on the victim’s residence, and collected and boomed excessive things, which are dangerous things in the kitchen, which were in the victim’s kitchen, and called “hing the victim, if the victim gets out of the horse,” but, on the other hand, abused the victim by assaulting the victim, such as the victim’s booming the victim’s boom with his hand, and talking with him, and raped the victim by having sexual intercourse once.

2. 208 Gohap116;

(a) Violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof, and violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.);

On October 12, 2001, at around 03:00, the Defendant invadedd the victim’s residence in a manner that is a deadly weapon, and could not be known, with a knife, in a manner that is a deadly weapon at the victim’s residence at around 00 (niff, 17 years of age), and applied the knife, which is a deadly weapon, to the victim’s chest, and threatened the victim, thereby coercing the victim’s resistance, and committing rape once by sexual intercourse.

(b) Violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof, and violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.);

On March 21, 2005, at around 10:30, the Defendant intruded the victim Kim○○ (n, 37 years of age), a deadly weapon, at the residence of the victim in Busan Metropolitan City, in a way that it is impossible to identify him/her by carrying with him/her the knife, and then knife the knife, which is a deadly weapon, with the victim's knife, with the victim's knife and other knife, and threatened the victim, thereby suppressing the victim's resistance, and tried to rape the victim by having sexual intercourse once. However, the victim did not commit rape with the wind that the victim knife and knife his/her sound. Violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.)

At the same time and place as above 2, the Defendant: (a) 100 (year 41) who is the husband of the above Kim 00 (year 41) heard the sound of Kim ○, and knife the victim’s left arms with a deadly weapon, which was in possession of the defect in order to put the Defendant, carried the victim’s knife for four weeks after the knife.

Summary of Evidence

Omission

Application of Statutes

1. Article 8 of the Criminal Act and the election of a victim of a crime: the main sentence of Article 8 of the Criminal Act, Article 1(2), Article 3(1)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act (a) (b), c, 2-a, and 8 of the Criminal Act and intrudes on other's residence with a deadly weapon carried), the main sentence of Articles 8 and 1(2) of the Criminal Act, Article 3(1)1 of the Punishment of Violence, Article 283(1) of the Criminal Act (the Act on the Punishment of Victims of Sexual Crimes), Article 6(1) of the Criminal Act, Article 29 of the Act on the Punishment of Sexual Crimes, Article 297 of the Criminal Act (the Act on the Punishment of Victims of Sexual Crimes, Article 97 of the Act on the Protection of Victims of Sexual Crimes, Article 97 of the Criminal Act, Article 2 of the Act on the Punishment of Robbery and Rape of Sexual Crimes, Article 97 of the Act;

Punishment of sexual crimes of the number of special robbery and rapes with the largest number of crimes in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act, and the aggravation of concurrent crimes with punishment prescribed in violation of the Act on the Protection, etc. of Victims (special robbery, rape, etc.

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Article 37 (1) 4 of the Act on the Protection of Juveniles from Sexual Abuse [Article 37 (1) 4 of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof among the crimes provided in paragraph (1)];

Judgment on the defendant's and his defense counsel's assertion

The defendant and his defense counsel asserted that the defendant was in a state of mental disorder due to mental disorder at the time of the above crime. According to the records of this case and the mental evaluation of the defendant from June 9, 194 to August 2 of the same year, the defendant suffered from mental disorder due to uneasiness and shock disorder, and the defendant suffers from specific impossibility personality disorder at present. However, in light of the above mental appraisal result and the circumstance leading up to each of the crimes of this case, the defendant's ability to discern things or make decisions due to mental disorder at the time of each of the above crimes, and the above argument cannot be accepted.

The Defendant’s crime of this case with reason for sentencing was committed more than 20 times from 2001 to 2008 by carrying a deadly weapon and repeatedly threatening the victims who are mainly married. The Defendant, in order to take a sexual desire, had invaded upon a female female in the residence which appears to have been married, and caused mental and physical pain that cannot be a lifelong cleaning for the victims due to rape by threatening the victims. The above crime committed by the Defendant was planned and interviewed regardless of any time during which the crime was committed. On the other hand, the Defendant committed the crime regardless of time, but did not receive a letter from the victims of the instant crime, there was no sentence among the victims of the instant crime.

However, the sentence shall be determined as ordered by comprehensively taking into account the following factors: the defendant's mental capacity is against this law, the circumstance leading the defendant to the crime of this case, the age, character and conduct, environment, and all the conditions of sentencing as shown in the argument of this case, including the defendant's age, character and conduct, and circumstances

In addition, the Defendant, who committed a sexual crime against a juvenile victim, is deemed to pose a risk of recommitting a sexual crime against a juvenile victim in light of the motive, means, and methods of the above crime by the Defendant. Therefore, the Defendant is sentenced to the disposition by providing personal information for perusal.

The presiding judge shall be the highest judge.

Judges Cho Jong-tae

Judge Meritorious;