Defendant

Kim Jong-seok

Attorney Song-sung (Korean)

A defendant shall be punished by imprisonment for fifteen years.

A seized one unit of divers (No. 8) shall be confiscated.

Disclosure of information on the accused shall be made public through an information and communications network for ten years.

The defendant shall be notified of the information for 10 years.

To the person subject to the request for attachment order, the attachment of an electronic tracking device shall be ordered for 20 years.

A person who has requested an attachment order shall be ordered to complete a sexual assault treatment program for 200 hours.

【Criminal Power】

On October 4, 191, the Defendant and the person subject to a request for attachment order (hereinafter “Defendant”) were sentenced to imprisonment with prison labor for one year and six months in Seoul High Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; (2) on June 25, 1992, the Seoul High Court sentenced imprisonment with prison labor for a short term of two years and two years and six months in Seoul High Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; (3) on November 29, 195, for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny); (4) on June 10, 1998, the Seoul High Court sentenced 10 years and with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (special robbery); and (5) on March 31, 2008, the thief imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment Act”).

【Criminal Facts】

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

A. At around 11:00 on September 11, 2010, the Defendant entered the victim’s house (hereinafter omitted) via the entrance door opened by the victim Nonindicted 1 (hereinafter “Nonindicted 1, 31 years of age) in Songpa-gu Seoul, Songpa-gu, Seoul (hereinafter omitted). The Defendant sent the victim with a deadly weapon, which is a dangerous weapon, in the house of the said house, in his hand, who was sculed and locked in his hand, by threatening the victim to “the victim, who died of scule, and died of sculse, and was sculed, with the money,” and 10,000 won in cash from the victim, and took it by force, and sexual intercourse with the victim once, who continued to be unable to resist.

B. Around 15:00 on October 3, 2010, the Defendant entered the victim’s house through the front door, which was opened at the home of Nonindicted 2 (the 19 years of age) of the victim Nonindicted 2 (the 19 years of age) in Songpa-gu Seoul, Songpa-gu (hereinafter referred to as “2 omitted). The Defendant attempted to have the victim go beyond the victim’s her will and her panty in a state where the victim was unable to resist, but did not commit any attempted to commit any crime, even though the Defendant attempted to rape the victim, who was a deadly deadly weapon in the house of the house, in his/her hand, and displayed it to the victim by threateninging the victim as “Ieri, Mari, Mari, and Mari-do, who is a deadly weapon in the house of the house of this case.”

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

Around 01:00 on October 11, 2010, the Defendant opened a door at the home of the victim Non-Indicted 3 (Y, 48 years of age) in Songpa-gu Seoul Metropolitan Government (hereinafter referred to as “Non-Indicted 3 omitted), and intrudes the victim’s house, thereby bringing 2,50,000 won in cash on the wall of the victim located inside the house. On the other hand, the Defendant continued to commit an attempted rape by threatening the victim who was scambling in the room to report the victim who was scambling in the room and rape him, and by threateninging the victim’s resistance, “I want to commit an attempted rape by threatening the victim,” but the victim changed the victim’s “I will not be scambling at the bar,” and “I want to do so.”

3. Special robbery.

On October 9, 2010, at around 05:50 on October 9, 2010, the Defendant opened a crime prevention room at the victim Non-Indicted 4's house in Songpa-gu Seoul Metropolitan Government (hereinafter referred to as "non-Indicted 4 omitted), and entered the victim's house through windows, put the victim who was diving in one hand, and put the victim who was diving in one hand, and put the other hand a deadly weapon, which is a deadly weapon prepared in advance (age 30 cm in length, No. 8), threatened the victim's resistance to "in the calculation of tax revenues and losses in the amount of money," and forcibly received KRW 1,00 from the victim in cash, and forcibly took it.

4. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

Around 12:00 on October 3, 2010, the Defendant habitually stolen another’s property over 28 occasions as described in the list of crimes in the attached Table between December 10, 2010 and December 10, 2010, at the time of Non-Party 5’s house in Songpa-gu Seoul Mcheon-dong (hereinafter 5 omitted) and the victim Non-Party 5’s house, thereby shouldering the bed glass window and intrusioning the victim’s house with a cash of 100,000 won in the bed cremation, and stolen it.

5. Bodily injury;

At around 03:20 on November 27, 2010, the Defendant: (a) stolen the bank of Nonindicted 6 of the victim, as set forth in No. 25-20, Songpa-gu Seoul, Songpa-gu, 25-20, and (b) as set forth in No. 23, as the list of crimes in paragraph (4), and (c) destroyed the bank in order for the victim to take off and unfold the bank, thereby breaking the bank and breaking the victim; and (b) the victim’s tampt tur in the number of days of treatment to the victim.

The Defendant, as described in paragraph (4) of the same Article, committed a sexual crime within 10 years after the completion of the 10-year imprisonment due to a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc., and committed a sexual crime on at least two occasions as described in paragraphs (1) and (2) of the judgment, and thus, is likely to recommit the sexual crime.

1. Defendant's legal statement;

1. Each police statement on Nonindicted 7, 1, 2, 8, 4, 3, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, Nonindicted 6, 19, and 20

1. Each statement of Nonindicted 5, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, and 32

1. Each protocol of seizure, the list of seizure, and the report on investigation;

1. Investigation report (the appendix of the victim Nonindicted 6’s bodily injury photograph)

1. Previous convictions: Criminal records and investigation reports (the confirmation report on the date of release);

1. Habituality of the larceny crime as indicated in the judgment: The recognition of dampness crime in light of the records of each crime, the method and frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. The risk of recidivism of a sexual crime committed in the judgment: The defendant is recognized as having the risk of recidivism and recidivism of a sexual crime in light of the motive, background, frequency and the age, character and conduct of each of the sexual crimes in the instant case, which are acknowledged by the above evidence;

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

Article 3(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Articles 334(2) and 297 of the Criminal Act [Special Robbery, Selection of limited imprisonment, and Its maximum limit shall be 15 years of imprisonment as prescribed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter the same shall apply], Articles 14 and 3(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Articles 342, 334(2), and 297 (Special Robbery, Selection of limited imprisonment, and its maximum limit shall be 15 years of imprisonment under the main sentence of Article 42 of the former Criminal Act), Articles 14 and 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Articles 30 and 297 of the Criminal Act (amended by Act No. 10259, Apr. 15, 2013) of the former Criminal Act

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act (limited to the proviso to Article 42 of the Criminal Act for the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes)

1. Suspension attempted:

Articles 26 and 55 (1) 3 of the Criminal Act / [Article 26 and Article 55 (1) 3 of the Criminal Act concerning attempted suspension and violation of the Act on Special Cases concerning the Punishment, etc.

1. Aggravation for concurrent crimes;

The punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes, the punishment of which is the largest, shall be aggravated within the scope of the proviso of Article 42 of the Criminal Act: Provided, That the lowest sentence shall be determined by the punishment prescribed for the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Robbery, Rape, etc.) with respect

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Order to disclose registered information;

Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Order to notify registered information;

Article 41 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Orders to attach an electronic tracking device;

Article 9(1)1, Article 5(1)1 and 5(1)3 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders

1. Imposition of obligations;

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

The Defendant committed each of the crimes of this case within the repeated crime period after being released on July 2009, and the risk of recidivism seems to also be high. The Defendant committed each of the crimes of this case on July 20, 2009.

However, the sentencing guidelines for crimes listed in paragraphs (1) through (3) of the judgment on the sentencing guidelines are as follows: (a) the accused has led to the confession and reflect of all crimes; (b) the two sex offenses are committed; (c) the scope of recommendations according to the sentencing guidelines for crimes listed in paragraphs (1) through (3) of the judgment on the sentencing guidelines is 9 to 32 months [the punishment shall be determined as follows: (a) imprisonment with prison labor for not less than 1/2 of the maximum of the recommendations for crimes listed in paragraph (b) of paragraph (1) of the judgment on the 19 years and 6 months (Rape, Type (Rape, Type 3, Type 3, the area of special adjustment recommendation); (b) imprisonment with prison labor for not less than 1/3 of the maximum of the recommendations for crimes listed in paragraph (2) of the judgment on the sentencing guidelines is 1/3 (Rape, Type 2, and the area of aggravated punishment); and (c) imprisonment with prison labor for not less than 1/3 years and the sentencing conditions

Where the conviction of a defendant against a defendant who is subject to registration of the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in this case and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the defendant is subject to registration of personal information under Article 32 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the competent authority pursuant to Article 33 of the same Act.

[Attachment]

Judges Shin Young-sik (Presiding Judge) (Presiding Justice)