Defendant

Kim Jong-Un

Full number of attorneys-at-law

A defendant shall be punished by imprisonment for six years.

Disclosure and notification of information on the accused through an information and communications network for 10 years.

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

Matters to be observed shall be imposed on the person subject to the request for attachment order as shown in the attached Form.

【Criminal Facts】

On December 16, 2010, the Defendant, at around 20:00, had a sense of care for the victim non-indicted 1 (the non-indicted 1 (the non-indicted 1 in the judgment of the Supreme Court) (the non-indicted 24 years old), who had been located in the singing practice room in the city of Busan at ○○○○○○○, a singing practice room, and promised the victim to pay KRW 25,00 per hour to the victim. In addition, the Defendant, along with the Defendant’s daily behaviors, moved the victim into the Republic of Korea.

While the above illumination was under the influence of alcohol at home, the Defendant tried to have the victim feel hysingly and rape with the victim, and, “Is to see the talk by entering the park where time expenses will be calculated for a certain time.” The Defendant, on the horse, led the victim under the influence of alcohol to a mutual influence near the drunk.

피고인은 2010. 12. 17. 03:30경 위 모텔 903호에 들어가자마자 옷을 벗고 용 문신을 보여주며 “내가 맥주병으로 마누라 머리를 깼다. 내가 연산동 조폭들은 다 안다. 씹할 년아. 니는 여기에 들어오면 못 나간다.” 등의 말로 피해자를 협박하고 손으로 피해자의 목을 잡고 무릎으로 피해자의 배를 누르는 등 폭행하여 반항을 억압한 후 피해자의 옷을 벗기고 피해자의 성기에 피고인의 성기를 삽입하였으나, 발기가 제대로 되지 않아 성욕이 충족되지 않는다는 이유로 방실 내에 있던 음료수 캔과 화장품 병을 피해자의 성기에 강제로 밀어 넣고 휘저어 피해자의 회음부가 찢어지게 하는 등으로 피해자에게 약 2주간의 치료를 요하는 회음부열상 등의 상해를 입게 하였다.

【Fact of Grounds for Attachment】

On November 26, 1985, the respondent of an attachment order (hereinafter referred to as the "defendant") was sentenced to a suspended sentence of one year and six months for the crime of rape and robbery at the Busan District Court. On September 7, 200, the Busan High Court has been sentenced to a suspended sentence of four years for the crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. (Rape, Injury by Rape, etc.) and the crime of violation of the Road Traffic Act (hereinafter referred to as the "crimes"). As stated in the facts of the crime, it is recognized that a sexual crime was committed on two or more occasions, and that the recidivism of a sexual crime

【Criminal Facts】

1. Statement by the defendant in this court;

1. Each statement made by the police officer against Non-Indicted 1

1. Statement of the doctor Nonindicted 1’s written diagnosis of injury on Nonindicted 1 in Nonindicted 2’s preparation

1. Entry in and video of an investigation report prepared by the prosecution (in the upper half of the suspect - appendix of door photographs);

1. Entry of an investigation report prepared by the prosecution (to hear the statement of the doctor Nonindicted 2 - Attachment of a copy of the medical record);

1. Statement of investigation report prepared by the police;

【Risk of Sexual Crimes and Danger of Reoffending】

In light of the aforementioned evidence and investigation records, the statement of the accused prepared by the prosecution (such as a copy of the judgment of the case and the search results of the case) and the following circumstances recognized by the police, namely, Nonindicted 4, who conspired with him, knew that he would have a sexual intercourse with her and her own friend after her friending, Nonindicted 4 would turn back to her own friend. On November 26, 1985, the accused would have been sentenced to a suspension of execution of one year and six months after her 6th anniversary of 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 19th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 7.

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

Articles 301 and 297 (Selection of Imprisonment for Imprisonment with Labor)

1. Order to disclose or notify the registered information;

Article 37(1)1, (2), and (3), and Article 41(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 7 of the Act on the Lapse of Punishment, etc. of Sexual Crimes

1. Orders to attach an electronic tracking device;

Article 9(1)1, Article 5(1)3, and subparagraph 2(a) of Article 2 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 and his defense counsel asserted that the Defendant was in a state of mental illness or mental and physical disability after being drunk at the time of committing the instant crime. According to the records, the Defendant was found to have drinking at the time of committing the instant crime, but he was aware of the fact at the time of committing the instant crime, such as the background of the instant crime, the Defendant’s behavior before and after the instant crime, and the Defendant’s statement at an investigative agency to a certain degree of memory of the victim’s motive and motive, etc. at the time of the instant crime. In light of the circumstances, it is not deemed that the Defendant, under the influence of alcohol, did not have the ability or decision-making ability to discern things at the time of committing the instant crime.

Therefore, we cannot accept the defendant's above assertion.

[Determination of Punishment] A sex offense (revision) and in the event of a result of injury, injury/injury to a person aged 13 or older, general rape (Type 1-2)

【Special Convicted Persons】

- Mitigation elements: Minor injury

-Aggravated factors: Aggravated, dynamic, or extreme sexual humiliation; increase in the sense of sexual humiliation;

[Scope of Recommendation] Basic Field, 5 years to 7 years of imprisonment (the lowest limit of the Recommendation in the Sentencing Criteria is 4 years, and the minimum limit of the applicable sentencing in the law is 5 years, and the minimum limit is that of the applicable sentencing in the law)

【General Convicts】

- Mitigation elements: Serious reflect

-Aggravated factors: of the same kind of crime and violence penalty not constituting a planned crime, a repeated crime (less than 10 years after the completion of enforcement), and of the attempted agreement

[Determination of Sentence] Six years of imprisonment

In light of the fact that the defendant is against his own criminal act, and after being released in 2003, he was faithfully living as a taxi engineer, it is recognized that the victim was suffering from physical and mental pain due to extremely poor number of the criminal act in this case, the defendant did not appear to have a serious mind for the victim by first filing a complaint against the victim, such as intimidation and theft, rather than in the process of attempting to reach an agreement, and the defendant was given an opportunity to agree with the victim by changing the time when the defendant agreed with the victim, it is necessary to strictly punish the defendant when considering the fact that the defendant did not make every effort to reach an agreement with the investigative agency and this court, even though he did not pay any effort to reach an agreement, and the defendant was forced to contact. In addition, the defendant's age and character, motive and means of the criminal act, the motive and consequence of the crime, and the circumstances after the crime, etc., shall be

It is so decided as per Disposition for the above reasons.

Where a conviction becomes final and conclusive with respect to a crime subject to registration of a sexual crime against the accused, the accused is a person subject to registration of personal information under Article 32 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the competent agency pursuant to Article 33 of the same Act

[Attachment]

Judges Choi Jong-dae (Presiding Judge)