Defendant

Is Earsen

Law Firm Cheongju, Attorney Owon-won

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Disclosure and notification of information on the accused through the information and communications network for seven years (Provided, That the summary of sex offense is limited to the crimes of No. 1 and No. 3 of the judgment).

Of the facts charged of this case, the prosecution against intimidation is dismissed.

The Defendant had access to ○○○○ (Internet address omitted) (hereinafter “△△△△△△△”) in the ID of Nonindicted 2, the 1993 student, to the ○○○○○ (Internet address omitted), which is a hosting site, carried out hosting with female juveniles, and actually enjoying delivery.

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

The Defendant came to know of Nonindicted 1 (Inn, 13 years old)’s contact address for Nonindicted 3 (Inn, 13 years old) who was aware of ○○○○ website.

Around 20:00 on January 19, 201, the Defendant: (a) sent a phone to the victim; (b) sent the victim on January 19, 201; (c) sent the victim to the head of the Defendant (vehicle number omitted); (d) sent the victim at the Defendant’s (vehicle number omitted); and (d) sent the victim’s two arms to the victim “(pump dial dial dial dial dial dial dial dial dial dial dic dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dic dial dial dic dial dial

2. Compelling;

On February 6, 2011, at around 19:00, the Defendant made a phone call to the victim non-indicted 1 (the 13-year old-old-age-based female, who does not make it possible to bring a written complaint to school-friendly families, and let the victim fright to fright to the victim's cell phone by affixing the victim's chest and sex photograph to the victim's cell phone.

Accordingly, the defendant had the victim do a non-obligatory act.

3. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

On March 5, 2011, at around 17:00, the Defendant, who was parked in a construction site located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, (vehicle number omitted), did not hear the victim’s horses from the Defendant’s (vehicle number omitted) car, and did not resist the victim by entering the photographs transmitted under paragraph (2) on the school homepage and threatening the victim to make a statement to be a woman, thereby preventing the victim from resisting the victim. The Defendant: (a) went off the victim’s will and panty; and (b) went off the victim from sexual intercourse once.

4. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Taking pictures, such as cameras);

When rapeing a victim under paragraph (3) at the date, time, and place under paragraph (3), the Defendant taken the body and sexual intercourse of the victim using his mobile phone in video against the victim’s will.

1. Defendant's legal statement;

1. Each police statement made against Nonindicted 1 and 3

1. Each police investigation report of April 7, 201 and April 28, 2011;

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

Article 7(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 297 of the Criminal Act (a point of rape in a female juvenile), Article 13(1)(a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of photographing Kamera, etc. and a choice of imprisonment), Article 324(a) of the Criminal Act

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 prescribed for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Non-Indicted 1, who is the largest punishment and criminal punishment)

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act ( considered in favor of the reasons for sentencing in the rear and rear)

1. Order to complete programs;

Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Order to disclose and notify;

Article 38(1)1 and (3), and Article 38-2(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The scope of punishment by law;

Imprisonment for not less than two years and six months but not more than twenty-two years and six months;

2. Application of the sentencing criteria for each crime provided for in paragraphs (1) and (3) of the holding;

【Determination of Basic Crimes】

The crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) under paragraph (3).

○ Determination: Type 2 (Juvenile Rape) among the crimes of rape in general standards (subject to over 13 years of age)

○ Special Convicts

Aggravations: Victims vulnerable to crimes;

Reduction Elements: Non-conformity of Punishment

○ The scope of sentencing recommended: Imprisonment with prison labor for not less than five years but not more than eight years (basic areas);

○ General Convicts

Aggravations: In the case of crimes against juveniles

Reduction element: Serious reflect

【Concurrent Crimes】

The crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) under paragraph (1).

○ Determination: Type 2 (Juvenile Rape) among the crimes of rape in general standards (subject to over 13 years of age)

○ Special Convicts

Aggravations: Victims vulnerable to crimes;

Reduction Elements: Non-conformity of Punishment

○ The scope of sentencing recommended: Imprisonment with prison labor for not less than five years but not more than eight years (basic areas);

○ General Convicts

Aggravations: In the case of crimes against juveniles

Reduction element: Serious reflect

【Standards for Handling Multiple Crimes】

The term of imprisonment with prison labor for not less than five years but not more than 12 years (According to the guidelines for the processing of multiple crimes, the maximum of the recommended punishment shall be eight years of imprisonment with prison labor, which is the maximum of the scope of sentence for basic crimes, plus 1/2 years of eight years, which is the maximum of the scope of sentence for concurrent crimes (eight years + eight years + 1/2)]

3. Competition with an offense for which the sentencing criteria are not set;

In the case of concurrent crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Use of Cameras, etc.) under Paragraph (2) of the holding that the sentencing guidelines are not set, since imprisonment with prison labor for not less than five years but not more than 12 years (the minimum of the sentencing guidelines set shall be considered only for the recommended sentence range of crimes for which the sentencing guidelines are set according to the standards for multiple crimes).

4. Determination of sentence of imprisonment (five years for imprisonment).

The defendant rapes the victims who are only 13 years of age, and in particular, in committing the crime against the victim non-indicted 1, the defendant has received the victim's chest and gender photograph from the victim by threatening the victim, and then, it is inevitable to punish the defendant with severe punishment due to extremely poor nature of the crime, such as threatening the victim to enter it on the school homepage, rape, taking the victim's clothes, and taking a photograph of the crime.

However, there is a favorable circumstance for the defendant, such as that the defendant reflects the defendant's mistake in depth and the victims do not want the punishment of the defendant by agreement with the victims, and that there is no other criminal record except for the punishment of a fine of one million won due to the violation of the Road Traffic Act, and the punishment as ordered shall be determined in consideration of all the sentencing conditions specified in this case.

Where a conviction becomes final and conclusive on the crime of Article 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is a person subject to registration of personal information under Article 33 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and is obligated to submit personal information to the competent agency pursuant to Article

1. Summary of the facts charged

On March 5, 2011, at around 17:00, the Defendant threatened the victim Nonindicted Party 1, who was parked in the construction site located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, with the Defendant’s cell phone, taken the body and gender of the victim by committing rape with the victim Nonindicted Party 1, who used the Defendant’s cell phone to use the victim’s cell phone, and displayed the victim’s aforementioned cell phone video image, and “if the Defendant refuses to meet only one time, he will put the video on the school homepage.”

2. Determination

The above facts charged are crimes falling under Article 283 (1) of the Criminal Act and cannot be prosecuted against the victim's express intent under Article 283 (3) of the Criminal Act. The records show that the victim has withdrawn his/her wish to punish the defendant on June 8, 201, which is after the institution of the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.

Judges Lee Jin-jin (Presiding Judge)