2015Gohap173, 401 (Joints) Resident Intrusion and Special Treatment Concerning the Punishment, etc. of Sexual Crimes

Violation of the same law (a deceptive scheme, etc. against a minor under 13 years of age)

(2) The Act on the Protection of Children and Juveniles against Sexual Abuse

half (Rape) Special Treatment on the Punishment, etc. of Sexual Crimes

Sexual assault (Rape in Relationship of Relatives)

Article 10 (Members of Family Relations Act on Special Cases concerning Punishment of Crimes)

Indecent act by one of the parties to the contract

2015, 39 (Joint Attachment Orders)

2015 early 2001 Probation Order (Joint)

A person whose attachment order is requested, or a person whose probation order is requested;

Hong○○ (90 - 1), delivery business

Lee Young-young (Public Trial) (Public Prosecutions) and fingers (Public Trial)

Attorney Park Jong-young (Korean National Assembly)

October 14, 2015

A defendant shall be punished by imprisonment for seven years.

To order the defendant to complete a sexual assault treatment program for 160 hours.

To the person against whom the attachment order is requested, the attachment of an electronic tracking device shall be ordered for ten years.

Matters to be observed in the attached Form shall be imposed on the person requested to attach an attachment order.

The request for the probation order of this case is dismissed.

Criminal facts and the facts constituting the request for attachment order

Criminal facts

" 2015 Gohap173"

1. Intrusion upon residence;

Defendant and the person against whom the attachment order was requested, and the person against whom the probation order was requested (hereinafter referred to as Defendant 2) are called Defendant 2014.

12. October 16: around 41, 41, the victim followed the victim for the purpose of discovering the victim's head ○○○ (n, 8 years old) returning to mixed children and committing an indecent act at the front parking lot of the Southern-gu Incheon Metropolitan City, ○○○○○ (n, 8 years old). Accordingly, the victim invadedd the victim's residence.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as Minors under thirteen years of age);

Although the Defendant attempted to commit an indecent act against the victim under 13 years of age by deceptive means, such as making the victim waiting for an elevator from the above stairs, "I can see the second part of the elevator," and making the will of the Defendant clear, the Defendant did not comply with it, and the Defendant did not commit an attempted act.

Around April 2015, the Defendant reported the marriage with a person who is the senior in the knife of the victim's grandchildren ○○ (Min, 14 years old) and reported the marriage to the victim, and the victim is the relative of the father and the deceased.

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives);

On June 21, 2015: around 00, the Defendant: (a) was parked in the 1st floor parking lot of the Southern-dong, Incheon Metropolitan City, which is the victim’s residence; (b) the Defendant was willing to rape the victim; (c) was unable to seek that the victim was a good medicine; and (d) was able to seek that the victim was able to have a female interest product containing the stroke-morm ingredients, etc.; and (e) the victim was placed in the state of unable to resist the body, such as being mixed with the mind and unable to resist the body.

Accordingly, the Defendant driven the said car on the same day 22: around 20, at around 20, arrived at the ○○○○○○○○○○ underground floor of the Defendant’s residence ○○○○○○○○○○○○○○○○○○○○○○○, and laid up on the rooftop, cut off the victim’s clothes, and fright off the victim’s chest and frighten, frightly put him in the victim’s clothes, and frightly put him in the victim’s clothes, and tried to rape the victim who is a child or juvenile by inserting his sexual organ into the part of the victim’s sexual organ, but did not commit an attempted act on the wind that does not have the Defendant’s sexual organ.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (her blood relative);

At around 23: 50, in order to take the victim, who is unable to resist, into his residence, the defendant committed an indecent act by force against the victim by neglecting the victim, boarding the above ○○○○○ elevator and walking the victim’s name on the part of the victim’s ship while being parked in the above scison parking lot of underground ○○○○○○, and making the victim walk the victim’s sexual organ on the part of the victim’s ship, making the victim knife the victim’s hand, and making the victim knife the victim’s sexual organ on the part of the victim’s ship. After continuously boarding the scisn car, the defendant committed an indecent act by force against the victim, such as omitting the victim’s negative organ.

/ Facts of the cause of the request for attachment order

As above, the Defendant not only committed a sexual crime against a minor under the age of 19 but also committed a sexual crime on two or more occasions, and thus, the Defendant is recognized as a sexual crime, and there is a high risk of recommitting a sexual crime in full view of the background and method of the crime, the relationship with the victims, etc.

Summary of Evidence

" 2015 Gohap173"

1. Defendant's legal statement;

1. OOOdongO-O CCTV photographs;

1. Stenographic records;

"2015 Gohap401, 1. The defendant's legal statement

1. Statement to ○○○ by the police;

1. A investigation report (on-site search, securing CCTV image data, etc.);

1. Certificates of kinship with the victim and the suspect;

1. Written response to a request for appraisal (States and acceptances), and written response to appraisal; and

1. The risk of recidivism in the judgment: The defendant's risk of recidivism in light of the above evidence, response to a request prior to the request for probation order, reply to a letter of request for probation order, and other circumstances, etc. In other words, the defendant's risk of recidivism in sexual assault crimes can be acknowledged as having been committed. In other words, the defendant's risk of recidivism in the light of the following factors: ① The risk of recidivism in the light of the application of the KORAS - G as a total of 14 points as a result of the application of the above (KORAS - the degree of risk of recidivism in the middle of 14 points; ② the risk of recidivism in the light of the application of the method of screening the

It was evaluated as ‘levels'. ② The defendant was found to have received juvenile protective disposition on October 31, 2007 due to the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (special rape) on October 31, 2007.

9. 10. A person has been punished by a fine for public performance, etc.; on April 7, 2015, the same court was charged with the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an indecent act against minors, etc. under the age of 13) and committed an attempted rape and a indecent act by compulsion against the victim ○○ who is a relative again during the trial. ③ Each of the instant crimes committed against a child or juvenile whose proper sexual values have not yet been formed; and (3) the offense committed against the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an indecent act against a minor, etc. under the age of 13) was committed against an unspecified victim; and (4) the offense, such as the violation of the Act on the Protection, etc. of Children and Juveniles from Sexual Abuse, was committed by the Defendant prepared in advance a drug containing the composition of the stroke-type and caused the victim to be unable to resist by doing so.

Application of Statutes

1. Article applicable to criminal facts;

Article 7(6) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the attempted rape against children and juveniles), Articles 15 and 5(1) (the occupation of attempted rape by blood), Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of indecent act by blood by blood), Articles 15, 7(5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 298 (the occupation of attempted indecent act by fraud by minor under the age of 13), Article 319(1) of the Criminal Act (the occupation of entering a residence)

1. Commercial competition;

Articles 40 and 50 (Rape by Relatives) of the Criminal Act; violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives); and violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) with more severe punishment; and violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape: Provided, That the lowest sentence shall be determined by the punishment prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives); hereinafter the same shall apply) 1. Selection of punishment

In regard to the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape), each choice of imprisonment with prison labor for a limited term, a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as Minors under thirteen years of age), and a

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act / [Aggravation of concurrent crimes with punishment provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape)]

1. Order to complete programs;

Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. In full view of the following circumstances: (a) proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (b) proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in relation to the victim’s blood relationship with the Defendant and the victim’s ○○○○; and (c) the place of the crime is related to the victim’s information, the disclosure and notification of the Defendant’s personal information is likely to cause secondary damage to the victim; and (d) other circumstances such as the profits and preventive effects expected from the disclosure and notification order of the instant case, and disadvantages and side effects therefrom

1. Issuing an order to attach an electronic tracking device and matters to be observed;

1. Reasons for sentencing under Article 5(1)3 and 4, Article 9(1)1, Article 9-2(1)1, and Article 9-2(1)3 of the Act on the Probation, Electronic Monitoring, etc. of Specific Criminal Offenders: Imprisonment with prison labor for up to 7 years up to 45 years;

2. Application of the sentencing criteria;

(a) A crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) and a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as Minors under thirteen years of age): The sentencing guidelines shall not apply to an attempted

(b) Crimes of intrusion upon residence: The sentencing criteria are not set. The crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the indecent act by blood);

[Determination of the type] The crime of indecent act by compulsion (subject to 13 years of age or older) Case No. 2 of the Act on Indecent Act by Indecent Act by Force (Indecent Act by Forced Act by Forced Act by Forced Act)

[Scope of Recommendation] Basic Field, Imprisonment from August to April (in case of juvenile indecent acts by compulsion, the upper limit and lower limit of the scope of punishment shall be reduced to 2/3)

(c) Scope of modified recommendation: Imprisonment with prison labor for not less than seven years (inasmuch as each of the crimes for which the sentencing guidelines are set and those for which no or no sentencing guidelines are set are set or do not apply are concurrent crimes under the former part of Article 37 of the Criminal Act, the minimum limit of the recommended sentencing range for the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Relatives), on which the sentencing guidelines are set, is observed, and the minimum limit of the recommended sentencing range is lower than the minimum limit of the applicable sentencing

3. Determination of sentence: The crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes for Seven years (Indecent Conduct against Minors, etc. under the Age of 13) committed an indecent act against the victim under the age of 8, and the victim ○○ appears to have received considerable mental impulse by committing the instant crime. Furthermore, the Defendant, even though he was not detained due to the instant crime and was pending in trial, had the victim ○○○, who is the victim’s wife, had the victim ○, who was under the influence of the instant crime, take drugs containing the stroke morm, and tried to commit indecent act by force or rape after having the victim take drugs containing the stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke sro, and the Defendant infringed the victim’s sexual self-determination right at the time of forming sexual identity and values due to each of the instant crimes. The Defendant was subject to the punishment of sexual crimes and the victim’s special protective disposition.

10. The Defendant committed each of the instant crimes, even though having been sentenced to a fine due to public performance and obscenity. In light of the developments and contents of each of the instant crimes, the Defendant was extremely poor. The Defendant was unable to obtain a letter from the victims, and did not take any measures to recover damage. In particular, it is not good to the circumstances after committing the instant crime, such as (i) showing the victim’s attitude to end up with the victim rather than seriously resisting the victim’s own criminal act; (ii) it is difficult to reach the commission of the instant crime, and (iii) there is no possibility that the crime may not be revealed; and (iv) it is highly likely that such crime might only be committed, and (iii) the mental suffering of the victim might be more severe than any other type of sexual crime. Considering the aforementioned circumstances, the Defendant’s punishment equivalent to the Defendant’s liability is inevitable.

However, the defendant has no record of criminal punishment heavier than a suspended sentence, the fact relevance itself of the crime of this case is recognized, and all kinds of sentencing conditions in the records, including the defendant's age, character and behavior, and environment, shall be determined as ordered by the order.

Where a conviction becomes final and conclusive with respect to a crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as Fraudulent Means, etc. against Minors under the age of 13), a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape), a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives), and a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Forced Act on the Punishment, etc. of Sexual Crimes), a defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases

Judgment on the Request for Probation Order

In addition to requesting the defendant to attach an electronic tracking device, the prosecutor also requested the probation order after the completion of the sentence under Article 21-2 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.

A person subject to an order to attach an electronic tracking device, as the Defendant, is subject to the execution of an order to attach an electronic device immediately before the completion of the sentence pursuant to Article 13(1) of the above Act, and under Article 9(3) of the above Act, the person subject to probation under the Act on Probation, Etc. during the period of attachment is obliged to be put on probation pursuant to Article 9(3) of the above Act. Therefore, the request for the probation order

The judge's personal display

Judge Jeon Sung-sung

Judges Maximum Beneficiaries

A person shall be appointed.