Defendant

Anti-presidential officers (prosecutions) and stuffed videos (public trials)

Attorney Park Sung-ho

A defendant shall be punished by imprisonment for not less than three years and six months.

An order the defendant to complete a sexual assault treatment program for 40 hours.

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

The Defendant, who is engaged in mechanical processing business, was living in an apartment complex, such as the victim Nonindicted Party 3 (Influence, 11 June 1, 1972, and 1st degree disability), and was willing to commit an indecent act or rape against the victim with knowledge that the victim has a lack of decentralization on the judgment of death, such as recognition ability and memory, as a disabled person.

1. Indecent acts by compulsion;

On July 8, 2011, the Defendant: (a) inducedd the victim, who was playing in the neighboring senior citizens' boat located in Ulsan-dong, Ulsan-gu, Ulsan-do, 102, and then forced the victim to take away his sexual organ, and then brought the victim’s hand into his sexual organ, and forced the victim to take away his sexual organ.

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

피고인은 2012. 5. 일자불상 저녁 무렵에 울산 북구 매곡동에 있는 △△△ 입구 체육공원에 정차된 피고인 소유의 (차량번호 생략) 옵티마 차량 내에서 피해자의 바지를 강제로 벗기고 “씨발년아 빨리 빨아라, 씨발년 니 보지에 오빠야가 물 한번 쫙쫙 쏴줄게.”등 욕설을 하며 피고인의 성기를 입으로 빨도록 한 후, 피해자의 음부에 피고인의 성기를 삽입하여 피해자를 1회 강간하였다.

3. Violation of the Special Act on the Punishment, etc. of Sexual Crimes;

On May 1, 2012, the Defendant: (a) was the Defendant’s (vehicle number omitted) possession of the (vehicle number omitted) observer, which was stopped after the head of Ulsan-gu Slungdong, around the same day; and (b) was the Defendant’s indecent act by compulsion of the victim by force, such as: (a) the victim was playing in the ○○ apartment senior city; and (c) the victim was induced from outside, and (d) the victim was able to go on the Defendant’s car; and (b) the victim was able to take away from, and go on, his seat at, the above place; and (d) the victim’s hand was frighted by force.

1. Partial statement of the defendant;

1. Legal statement of the witness Nonindicted 3

1. Investigation intelligence reports, investigation reports on children victim students, investigation reports, and investigation reports on children with disabilities;

1. A photograph of the damaged place;

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

Article 298 (Indecent Act by Indecent Act by Compulsion, Selection of Imprisonment), Article 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 (Rape of Disabled Persons and Selection of Imprisonment) of the Criminal Act, Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 (Indecent Act by Indecent Act by Persons with Disabilities

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 the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is the largest penalty]

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act (The following circumstances considered as favorable to the reasons for sentencing)

1. Order to complete programs;

Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply)

1. Order to disclose and notify;

Articles 37(1)1 and 41(1)1 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Summary of the assertion

Article 6(5) and (6) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes shall apply to the case where the Defendant did not commit an indecent act or sexual intercourse by assaulting or threatening the victim, and even if the Defendant exercised his/her force, it is difficult to regard it as assault or intimidation.

2. Determination

Whether a perpetrator committed assault and intimidation to establish the crime of rape ought to be determined based on the specific circumstances in which the victim was placed at the time of sexual intercourse by comprehensively taking account of the content and degree of assault and intimidation, the background leading up to exercising force, the relationship with the victim, and the circumstances at the time of sexual intercourse and the subsequent circumstances. From an ex post perspective, readily concluding that the perpetrator’s assault and intimidation did not reach the extent that it was significantly difficult for the victim to resist, solely on the ground that the victim was able to escape the scene of the crime before sexual intercourse or the victim did not resist with his/her personal history.

위 증거들에 의하면, 피고인은 판시 제1 범행 당시 싫다고 하는 피해자의 손을 잡아당겨 피고인의 성기를 만지게 하였고, 판시 제2 범행 당시 피해자의 바지를 강제로 벗기고 판시 제2와 같이 욕설을 하면서 피해자의 머리를 눌러서 피고인의 성기를 입으로 빨게 하고 성관계를 가졌으며, 판시 제3 범행 당시 피해자의 손을 잡아 당겨 피고인의 성기를 만지도록 하고 피해자의 음부를 만진 사실, 피고인은 범행 후 매번 피해자에게 피해자의 부모에게 말하지 말라고 하였고 피해자는 자신이 부모에게 잘못했다고 생각하여 이를 말하지 아니한 사실, 피해자는 전반적인 인지능력의 저하, 주의집중력 저하, 진전, 운동장애 등의 증상을 보이는 뇌병변·지체장애 1급의 장애인인 사실을 인정할 수 있는바, 피고인이 바람을 쐬러 가자는 등의 이유로 피해자를 공터나 피고인의 차로 불러 이 사건 각 범행을 저지른 경위, 피해자의 상태, 이 사건 범행 당시와 그 후의 정황 등 등에 비추어 보면, 피고인은 피해자의 의사에 반하여 피해자의 반항을 억압하거나 현저하게 곤란하게 할 정도의 유형력을 행사하여 피해자를 추행하거나 강간하였다고 할 것이므로 위 주장은 받아들이지 않는다.

[Scope of Punishment] Imprisonment with prison labor of three years and six months from June to June 22

[1] Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Disabled Persons)

○ Determination: Sex Offenses, General Standards, Sex Offenses against Persons with Disabilities, Four Types

○ Special Convicts

- Reduction Elements: Non-Mitigation of Punishment

○ Scope of Recommendations: Imprisonment of 4 years to 7 years ( mitigated areas)

[2 and 3 Crimes] Crimes of Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Acts by Persons with Disabilities)

○ Determination: Sex Offenses, General Standards, Sex Offenses against Persons with Disabilities, Type 2

○ Special Convicts

- Reduction Elements: Non-Mitigation of Punishment

○ Scope of Recommendations: Imprisonment for a year and six months to three years ( mitigated areas)

[The scope of revised recommended punishment] Four to nine years of imprisonment (in accordance with the guidelines for handling multiple crimes, 1/2 of the upper limit of the sentence range of the second crime and 1/3 of the upper limit of the sentence range of the third crime shall be added to the upper limit of the sentence range according to the guidelines for processing multiple crimes).

[Determination of Sentence] Imprisonment with prison labor, three years and six months;

Each of the above sentencing factors and each of the crimes of this case shall be determined by comprehensively taking into account the following factors: (a) the fact that the defendant rapes and commits an indecent act against the victim with mental disorder; (b) unfavorable circumstances such as the fact that the defendant did not reflect the defendant's wrong; (c) the defendant agreed with the victim; (d) favorable circumstances such as the suspension of qualification or more severe punishment power; and (e) there is no criminal force for the same kind of crime; and (e) other favorable conditions of sentencing, including the defendant's age, character and conduct, environment

Where a conviction becomes final and conclusive on each of the crimes in this case against the defendant, the defendant is a person subject to registration of personal information pursuant to Article 32(1) of the former 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.

Judges Kim Dong-ho (Presiding Justice)