2012 Highly 137 Rape and the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)

Intimidation. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes

Ra, etc. photographing, intimidation, promotion of utilization of information and communications networks, and information;

Violation of the Protection, etc. Act, Punishment of Violences, etc. Act

Violation of the rate (limited to groups, deadly weapons, etc.)

Ansan 00

Kim Jong-Un (Court) (Court of Justice), Kim Jong-Un (Court of Justice), Han Jong-Un (Court of Justice)

Attorney Kim Young-ho

November 22, 2012

A defendant shall be punished by imprisonment for nine years.

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

Criminal History Office

The Defendant was a person who operated '00 square meters' in the Dong-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si, and the victim Lee ○○ (n.e., 23 years of age) was a person who received 5,000 won at a time for six to seven hours a day from January 2, 2012 to July 2, 2012 from the above respondent house.

From February 2, 2012, the Defendant continued to have the victim and the person who was aware of the situation, and had the victim and the person who was aware of the fact, received a photograph of the victim on August 8, 2012 and had the victim's face taken over. On July 2012, 2012, the Defendant took the victim's face from the victim and the person who was aware of the fact.

1. 폭력행위등처벌에관한법률위반(집단·흉기 등협박) 이에 피고인은 2012. 8. 8. 17:35경부터 같은 날 20:20경까지 위 '000 피자 서산점’에서 피해자의 휴대전화 카카오톡으로, “내가 딱 한번만 너 본다 그때 조심해라 니 말대로 스토커짓 쪽팔려서 안해 딱 한번 볼 때 조심해라”, “0000 하니 좋냐 시발 니 집 앞에 가서 00 0000 할까?”, “그래야 내가 너 죽이는데 조금도 망설이지 않지”, “내 업보가 콩밥 먹는거였고 너는 나한테 디지는거여 죽인다 한번이다. 딱 한번”, “000이 네 넌 내가 000 들고 000 000아 00 00버린다 쫌만 기다려라 한번이다”라는 문자를 보내고, 이에 피해자가 겁을 먹고 “오빠 하란대로 다 할 테니까 이성 잃지마"라면서 피고인의 요구사항을 다 들어주겠다는 취지로 카카오톡 문자를 보냈음에도 불구하고 피고인은 계속하여 피해자의 휴대전화 카카오톡으로 “너 내가 안죽이면 내가 속 터져 죽을 거 같거든 이성 000”, “니 업보는 나한테 0 00 뒤지는거 000 바람00나는거니 0000마냥 얼굴 아스팔트에다 가는거 이 두 개는 내가 꼭 하고 너 죽인다”라는 문자를 보내 피해자에게 위해를 가할 듯한 태도를 지속적으로 보였다.

After that, at around 21:10 on August 8, 2012, the Defendant: (a) intending to stop the said vehicle and carry it with the victim at the back seat in order to put the cement 10cm, and then put the victim into the back seat of the Defendant’s vehicle, and then, (b) around 21:20 on the same day, the Defendant saw the victim who is faced with the said cement 10cm. At around 21:20 on the same day, the Defendant saw the victim on the back seat of the Defendant’s vehicle at the front seat, and then, (c) tried to bring about a stone on the back seat, and (d) tried to put the victim into the back seat, and (d) tried to put the things on the back seat of the Defendant’s vehicle at the front seat, and (d) decided to put the victim into danger, and (e) the Defendant would be forgotten. The same should also apply to the case.

2. Rape;

The Defendant, like the above paragraph 1, threatened the victim by threatening him to have sexual intercourse with the victim who had been forced by his will, and went on the victim to the ***'s Ma* in the chief Dong in the Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do on August 8, 2012.

피고인은 위 모텔 308호실 안에서 피해자에게 화난 목소리로 “@@”라고 명령조로 이야기하여 이에 겁에 질린 피해자로 하여금 속옷까지 모두 벗게 하고 피고인도 옷을 모두 벗은 다음 그곳 침대 위에 드러눕고 다시 피해자에게 단호하게 “OO”라고 지시하여 반항하지 못하게 한 후 피해자를 1회 간음하여 강간하였다.

3. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

At around 23:00 on August 8, 2012, the Defendant: (a) had raped the victim, as described in the above paragraph (2) above; (b) had the victim’s body photographed with a camera attached in his mobile phone; and (c) had the victim’s hand, who tried to take the victim’s cell phone device from the victim’s body, was divided into the victim’s body part photograph, and two photographs inserted his sexual organ into the victim’s sexual organ, and the victim’s body was taken against another person’s will that may cause a sense of sexual humiliation or sense of shame by using a camera. Accordingly, the Defendant taken the victim’s body against the victim’s body against the victim’s will.

4. Intimidation.

On August 23:55, 2012, the Defendant raped the victim as described in the foregoing paragraph (2), sent three copies of pictures taken by the victim as described in the foregoing paragraph (3) to the mobile phone Kakaoxox within the Defendant’s passenger car on August 8, 2012. On August 9, 2012, the Defendant sent the Defendant’s cell phone Kakaoxol photograph to the victim’s cell phone Kakaoxoxox from 11:1 to 15:40 on the same day, and threatened the victim with the word “if arranged, it will return it back to the back through the 000 thoxoxox from the victim’s cell phone from 11:1 to 15:40 on the same day,” and “If arranged, it would return it.”

5. Violation of Information and Communications Network Utilization Promotion Act.

No person shall repeatedly send any codes, words, sound, image, or motion picture that arouses fear or apprehension through an information and communications network to any other person.

Nevertheless, around August 8, 2012, around 17:35, the Defendant sent the victim’s cell phone Kakaoox, with the word “I am ? I am ? I am ? I am ? I am ? I am ? I am ? I am ? I am ? I am ? I am ? I am am ? I am ? I am am ? I am am ? I am am a Kakaox, an information and communication network, from August 9, 2012 to August 5:55, 2012.

6. Violation of the Punishment of Violences, etc. Act (the confinement of groups, deadly weapons, etc.);

On August 8, 2012, the Defendant, as mentioned in the above Paragraph 1, she threatened the victim, and then she was in front of '00 companies located in the hot ambarith of west-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-si, Chungcheongnam-do' on August 8, 2012, the Defendant forced the victim to enter the Defendant's car into the Defendant's car and forced him to take it into the Defendant's seat, at around 21:40 on the same day, and then the cement located in the back of the car, which was 10cc away from the back of the car, and threatened the victim as described in the above Paragraph 1 on the same day at around 22:20, and around 23:20, the Defendant raped the victim as described in the above Paragraph 2, and got the victim on the same day.

Accordingly, the defendant carried dangerous things and detained the victim for about two hours.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement made by the prosecution on 00;

1. Written complaint**

1. Intimidation conversations sent by the suspect, the content of the Kakao Stockholm dialogue, the content of the Handphone restoration to the Kakao Stockholm restoration using this00, and response to the results of the Kakao

1. Investigation report (report accompanied by photographs restored to suspect Handphones);

1. Scartoo photographs which the suspect had laid in the Kakakakaotogram photographs;

1. Handbals made up of the Handphone Smergs of the victim, and those left in the ballon of the victim’s Handphone;

1. Application of field photographs,** Moel CCTV Acts and subordinate statutes

1. Article applicable to criminal facts;

Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act, Article 297 of the Criminal Act, Article 13(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 283(1) (a) of the Criminal Act, Article 283(1) of the Criminal Act, Article 74(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Articles 74(1)3 and 44-7(1)3 (a) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Article 3(1) and 2(1)2 of the Punishment of Violences, etc., Article 276(1) of the Criminal Act (a) of the Criminal Act)

1. Aggravation for concurrent crimes;

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

1. An order for disclosure;

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

1. An order to notify;

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

Registration of Personal Information

Where a conviction becomes final and conclusive on the instant criminal facts, the Defendant is subject to registration of personal information pursuant to Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus is obligated to submit personal information to the competent agency pursuant to Article 33 of the same Act.

Judgment on the argument of the defendant and defense counsel

1. With respect to a crime of intimidation (a collective action, deadly weapon, etc.) in violation of the Punishment of Violences, etc. Act, the defendant and his/her defense counsel shall not carry a dangerous object, since the words made by the victim in the passenger car of the defendant do not reach the degree of intimidation, and there is no fact that he

I asserts that it is called.

However, according to the above evidence, the defendant continuously sent text messages that seem to inflict harm on the victim from about four hours before the day of the crime, such as the statement in the list of crimes in the annexed sheet, and the victim was talked by the victim. The defendant was able to recognize the fact that the defendant was able to ask cement to the victim in order to cry the victim on the way on which he talks with the victim, and then put the fright flabed flab in the defendant's car, and then brought the victim into the front flab in the front flab of the defendant's kitchen located in the glaba, and then brought the victim's flab in the front flaba. The defendant's flabab in the front flaba, as mentioned above, "I can be forgotten with the storm." The inside flababa, or the defendant was flad with this stone.

If the defendant sent text messages for about four hours that seem to inflict harm on the victim continuously, and the victim made the above remarks to the victim in a passenger car, which is a space closed by camping out, it can generally be deemed as a threat of harm sufficient to the extent that it would cause fear to the victim. Furthermore, in the above crime, the phrase “the carrying of dangerous objects” refers to carrying a dangerous object that is intended to be used at the scene of the crime, or carrying a dangerous object near the body or body. Even if the defendant did not use the above stones in a way such as actual or show the victim, it constitutes a crime of intimidation, since he carries a dangerous object as long as he was in possession near the body and body of the victim at the scene of the crime of intimidation.

Therefore, the above assertion by the defendant and the defense counsel is without merit.

2. As to the crime of rape

A. Defendant and defense counsel's assertion

The defendant and his defense counsel asserted that the threat of the defendant did not reach the extent that it would make it impossible or considerably difficult to resist the victim, and that the defendant had sexual intercourse with the victim by compromiseing the victim.

(b) Fact of recognition;

According to the above evidence, the following facts are acknowledged.

1) On January 2012, the victim began to work part-time at the specialty point of “00 feet” operated by the Defendant, and developed at early February 2012 between the Defendant and the Defendant on July 2012, 201, but took place around July 2012.

2) 피고인은 피해자와 헤어진 후에도 피해자에게 종종 연락을 하던 상태였는데, 2012. 8. 8. 17:26경 피고인의 사촌동생으로, 피해자가 위 피자전문점에서 아르바이트를 하던 시절 위 피자전문점에 몇 차례 방문하였던 안00로부터 피해자와 만나고 있다.는 소식을 전해 듣고 격분하여 17:35경부터 20:21경까지 별지 범죄일람표 기재와 같이 피해자에게 휴대전화 카카오톡 문자메시지를 계속해서 보내었다. 피고인의 위 문자메시지를 받은 피해자는 처음에는 피고인과 말다툼을 하는 내용의 문자메시지를 피고인에게 보내었으나, 피고인이 "내 업보가 콩밥 먹는 거였고 너는 나한테 디지는 거여. 죽인다. 한 번이다. 딱 한 번, "넌 내가 000 들고 0 00. 000.00 00 버린다. 쫌만 기다려라. 한 번이다", "넌 내가 죽인다", "너 내가 안 죽이면 내가 속 터져 죽을 거 같거든", "니 업보는 나한테 0 맞고 뒤지는 거. 000 0000 나는 거. 니 00 00 마냥. 얼굴 아스팔트에다 가는 거. 이 두 개는 내가 꼭 하고 너 죽인다”, “유서는 다시 쓰는 게 좋을 거야”, “넌 죽인다. 내가”라는 등 피해자를 죽이겠다고 하며 욕설이 담긴 문자메시지를 계속하여 보내고 카카오톡의 프로필에 000칼 사진을 올려 놓자, 피해자는 "욕하지 마. 제발. 울고 싶어. 제발", "오빠 하란대로 다 할 테니까 이성 잃지 마", "나도 마지막 부탁이야", "한 번만 심호흡하고 이성 잃지 마. 제발", "한 번만 다시 마지막으로 생각해줘라. 한 번만", "심호흡 좀 하구 물 좀 마셔", "아니. 오빠 지금 완전 다른 사람이야. 무서울 정도로 다른 사람이야. 제발 오빠가 원하는 대로 다할 테니 나쁜 생각만은 마라", "흥분 가라앉혀. 물 좀 마셔", "제발 이성적으로 생각해 줘", "나한테도 한 번 기회를 줘. 난 몇 번이고 오빠한테 기회 마니 줬자나", "오빠 이런 사람 아니자나", "무서워서 신고할 맘은 없어", "제발 나 한 번 얼굴 보고 한 번만 다시 생각해 줘"라는 등 겁에 질려 피고인이 시키는 것은 무엇이든 할 테니 한 번만 기회를 달라고 애원하는 내용의 문자메시지를 보내었다. 피해자는 당시 위 피자전문점에서 아르바이트를 하면서 피고인과 함께 있던 박OO에게도, "사장님 상태가 어떠냐”, “사장님이 나에게 나를 죽이고, 사장님도 죽는다고 협박을 한다. 무섭다”, “사진 좀 봐”, “사장님이 나를 죽인다고 한다. 무섭다. 그리고 계속해서 나를 죽인다고 한다”라고 문자메시지를 보내기도 했다.

3) At around 19:49, the Defendant sent a text message “I am going to the front of the Defendant’s factory with an opportunity for the victim,” and around 21:20, the Defendant said that “I am to the front seat of the Defendant’s front seat in the car after the victim went to the front seat of the Defendant’s front seat located in the front seat of the Defendant’s vehicle. I am to this end, I am to the front seat of the Defendant, and I am to this end, unless I am to be forgotten. I am to this end, I am to our front seat.”

Since then, the Defendant and the victim moved around 22:20, ** Mael, and the Defendant had sexual intercourse during the Do, despite the custody of the victim, one photo of the victim's body body body body body body body body body body body body body body body body body and two photo of the victim's sexual organ inserted the victim's sexual organ into the victim's sexual organ.

4) The Defendant sent a text message to the effect that the Defendant was hedging with the victim, who sent the text message to the victim, and that the Defendant was obsced and unfolded. However, the Defendant did not return to the victim again the relationship, such as “B such fluscing fe is equal to that of a single and good woman, such as a fluscingner, and 000 fluscing fluscing. We have known of this fluscing, “I have to fluscing another fluscing fluscing, discarded, and fluscing. Bluscing fluscing in the match.” “I have no fluscing fluscing, fluscing, and fluscing,” “I have no fluscing fluscing,” and “I have no relationship with the victim.”

5) From August 9, 2012, from around 10:57 of the following day, the Defendant sent text messages to the victim again as described in the above criminal facts Nos. 4 and the annexed crime list, and the victim threatened the victim, the victim 00 sent text messages to the above 00, stating, “I have to find another datum that the flussium clearly and clearly made the flusium flusium flussium and flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium.”

C. Determination

In order to establish the crime of rape, the perpetrator’s assault and intimidation must be such as to make it impossible or considerably difficult for the victim to resist, and whether the assault and intimidation were to make it impossible or considerably difficult for the victim to resist, shall be determined by comprehensively taking into account all the circumstances, such as the details and degree of the assault and intimidation, the developments leading up to the exercise of force, the relationship with the victim, the sexual intercourse, and the subsequent circumstances.

위 인정사실에서 본 바와 같은 다음과 같은 사정, 즉, ① 당시 피해자는 피고인과 헤어진 사이로, 그 후 피고인이 종종 피해자에게 연락을 하였을 뿐 피해자가 피고인에게 먼저 연락을 취하거나 하지는 않았던 점, ② 피고인은 피해자가 피고인의 사촌동생을 만난다는 사실을 알고, 범행 당일 17:35경부터 20:21경까지 계속하여 피해자에게 욕설을 하며 “죽이겠다”는 내용의 문자메시지를 보내는 한편, 카카오톡 프로필에도 000칼 사진을 올려 놓았고, 이로 인하여 피해자는 피고인에게 “시키는 것은 무엇이든 할 테니한 번만 기회를 달라"고 애원하는 한편, 박00에게 “피고인이 죽인다고 협박하여 무섭다”는 내용의 문자메시지를 보내는 등 피고인의 위 협박으로 무척 겁에 질려 있었던 것으로 보이는 점, ③ 피고인은 피해자에게 기회를 줄 테니 나오라고 하였고, 피해자를 만나고 나서도 피해자를 야산으로 데리고 가 “돌을 가져 왔으니 나한테 한 대 맞으라”고 협박을 계속하였던 점, ④ 피고인과 피해자는 이후 모텔로 이동하였으나 피고인의 주장과 같이 서로 화해하고 다시 연인 관계로 돌아가기로 한 것은 아니었고, 피해자는 성관계 도중 피고인이 피해자의 신체 사진을 찍는 것도 만류하였던 점, 6 피해자는 다음 날 박OO에게 문자메시지를 보내어 당시의 상황을 설명하며 “피고인이 무서워 진정시키기 위하여 치욕적인 상황을 견뎠다”고 말한 점, ⑥ 피고인의 피해자를 죽이겠다는 계속되는 협박이 결국에는 피해자로 하여금 스스로 죽음을 선택하게 할 정도에 이르렀던 점 등을 종합하여 보면, 피고인의 위와 같은 협박은 피해자로 하여금 반항을 현저히 곤란하게 할 정도에 이르렀다고 보기 충분하다.

Therefore, the above assertion by the defendant and the defense counsel is without merit.

3. As to the crime of violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.), the defendant and his defense counsel asserted that the defendant did not detain the victim against the victim's will or by carrying a stone. However, as seen earlier, inasmuch as it is acknowledged that the defendant continued to interview or threaten the victim within a passenger vehicle while threatening the victim to escape, and the intention of the victim's escape was transferred to the youth under the pressure and rape, the establishment of the above crime is not affected. Accordingly, the defendant and his defense counsel's above assertion is without merit.

Reasons for sentencing

1. Class 1 - Rape;

[Determination of Punishment] General Criteria for Sex Offenses, and rapes (subject to the age of 13)

[Special Equitables] - Aggravations: - The increase of a sense of sexual humiliations, or the increase of a sense of sexual humiliations

[Determination of Recommendation Area] Aggravation

[Recommendation Scope of Punishment] 4 to 7 years (before mediation according to applicable sentences in law)

2. Class 2 crime - Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)

[Determination of Punishment] Aggravated Offenses, Intimidations

【Determination of Recommendation Area】 Basic Area

[Recommendation Scope of Punishment] From June to June (Before mediation according to the applicable sentences of law)

[General Aggravations] - Aggravations: planned crimes

[Determination of type] violent crime, Intimidation

[Special Aggravationd Persons] - Where an aggravated element is intended for unspecified or large number of victims, or has committed repeatedly over a considerable period of time.

[Determination of Recommendation Area] Aggravation

[Recommendation Scope of Punishment] From April to June (Before mediation according to the applicable sentences of law)

4. Four years from the base date for handling multiple crimes (before adjustment according to the applicable punishment by law);

5. The crime of this case by a sentence of sentence was committed by the Defendant by threatening the victim to die continuously on the ground that the victim was living in the same family relationship with the victim, and thus allowing the victim to feel extreme fear. The crime of this case or the method of taking pictures of the body of the victim despite the victim's refusal to resist despite the victim's refusal, is very poor. In particular, the defendant's intimidation against the victim continued to be done through the Kakakakao text messages and protogram photographs over this frame. After rape, the victim sent photographs taken pictures after rape, threatening the victim to avoid fear and sense of shame, thereby threateninging the victim to die, and thus making it impossible for the victim to take extreme options of the crime of this case due to the victim's suicide, it should be sentenced to more severe punishment than other intimidation, rape, Defendant's motive and motive to commit the crime of this case, Defendant's occupation and behavior as a whole, Defendant's motive to commit the crime of this case, Defendant's motive to commit the crime of this case, Defendant's age and ability to commit the crime of this case.

The judges of the presiding judge;

Judges Cho Jae-chul

Judges Dok-si