Defendant (Defendant 2 of the first instance judgment)

Newly Inserted by Presidential Decree No. 1354, Feb. 1, 201>

Attorney Shin Young-young (National Election)

A person shall be punished by imprisonment with prison labor for not less than seven years and by imprisonment with prison labor for not more than ten months for a crime of No. 2 as stated in the judgment of the defendant.

The information about the accused shall be disclosed and notified through the information and communications network for 10 years (Provided, That the summary of the crime is limited to the crime No. 1 of the judgment).

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

Matters to be observed in the attached Form shall be imposed on the person requested to attach an attachment order.

On January 26, 2007, the Defendant and the requester for an attachment order (hereinafter referred to as the “Defendant”) were sentenced to ten months of imprisonment with prison labor for special larceny at the Seoul Southern District Court, and the judgment became final and conclusive on the same day. On February 23, 2007, the execution of the sentence was completed. In addition, on May 2, 2013, the Defendant was sentenced to ten years of imprisonment with prison labor for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (special robbery, Rape, etc.) in the above court.

1. At around 03:20 on September 15, 2005, the Defendant: (a) opened a locked window and discovered the victim’s mind to rape in the room; (b) discovered the victim who was locked and frighted in the room; (c) covered the face with the victim’s knick, which was a deadly weapon brought from the kitchen, with the victim’s face covered by the knick, in light of the knick, etc. prepared in advance; and (d) controlled the victim with the knick knick, which was a deadly weapon brought from the kitchen, into the kitchen, and led the victim to the resistance, etc., but failed to find any object, and attempted to rape the victim’s clothes continuously; and (d) attempted to rape the victim’s clothes, but failed to do so, but failed to do so.

2. On November 25, 2007, the Defendant: (a) around 19:00 on November 25, 2007, at the victim Nonindicted 4, located in Seodaemun-gu Seoul ( Address 2 omitted); (b) opened a locked window and colors the object to be stolen by intrusion on the house; (c) but was cut off and attempted by the victim returned home.

The Defendant is recognized to have committed sexual assault under the same Act twice or more, and the Defendant has a risk of repeating a crime by committing sexual assault against a person under 12 years of age and 19 years of age as stated in paragraph (1) of the crime in the judgment.

1. Defendant's legal statement;

1. Each police statement made against the victim Nonindicted 3 and 4

1. Report on initial measures against thief incidents and investigation report (in response to the results of appraisal by DNA a detained suspect);

1. Requests for appraisal, requests for investigation cooperation, and replies;

1. Previous convictions: References to criminal records and investigation reports (reports attached to separate judgments);

1. The risk of recidivism and the recidivism of a sexual crime committed in the judgment: The following circumstances recognized by the evidence and the response to a request before the request, namely, ① the defendant is found to have committed a sexual crime under the same Act on at least two occasions, and in particular, the defendant committed the crime of this case against the victim of the age in the same manner; ③ adult recidivism risk assessment conducted by K-SSAS; ③ adult recidivism risk assessment conducted on the basis that the defendant's risk of recidivism was high; and the risk of recidivism was found to fall under the intermediate level, as the result of the risk of recidivism by the evaluation of the mental disorder, it is recognized to have the risk of recidivism and recidivism in light of the records and arguments of this case; the same criminal records recognized by the records and arguments of this case; the contents, motive and background of the crime; the defendant's character and conduct, the defendant's environment, awareness and attitude of sex; etc.

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

Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by the Act on the Protection, etc. of Sexual Crimes (Act No. 10258, Apr. 15, 2010; hereinafter referred to as the "former Act on the Punishment, etc. of Sexual Crimes") and Articles 12 and 5 (2) of the former Act on the Punishment, etc. of Sexual Crimes, Articles 342, 334 (2), and 333 of the Criminal Act [the previous Act] Articles 5 (10) of the former Act on the Punishment, etc. of Sexual Crimes (amended by Article 5 (10) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 10258, Apr. 15, 2010; hereinafter referred to as the "former Act on the Protection, etc. of Victims of Sexual Crimes; hereinafter referred to as the "former Act on the Punishment, etc. of Sexual Crimes"), Articles 330 (Special Rape)

1. Aggravation for repeated crimes;

Article 35 (Offense of Misappropriation in Case of Special Theft in Sales)

1. Handling concurrent crimes;

The latter part of Articles 37 and 39(1) of the Criminal Act [the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims]

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (with respect to the crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Special Robbery, Rape, etc.) in the market, consideration of favorable circumstances among the reasons for the following sentencing)

1. Order to disclose and notify;

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

1. Issuing an order to attach an electronic tracking device and matters to be observed;

Article 5(1)3 and 4, and Article 9-2(1)1 and 4 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders

1. Criminal Paragraph (1) of the judgment;

The crime of this case is a case in which the defendant invadedd a residence at night and attempted to commit robbery by threatening a victim of 12 years of age with a deadly weapon, and the act itself is extremely bad in nature. Accordingly, the victim appears to have received physical and mental shock and impulses up until now, and the defendant does not have to seek any tolerance from the victim, nor does he seriously reflect on his own crime. In particular, even though the defendant had had been sentenced several times of punishment on the ground of larceny, and even if he had had been sentenced several times of punishment on the ground of larceny, it is inevitable to punish the victim of this case with strict liability.

However, there are no elements for sentencing favorable to the defendant, such as the fact that the robbery and rape was not likely to occur even if the defendant did not go to the degree of direct harm to the victim with a deadly weapon, and that it is necessary to consider the purport of the main sentence of Article 39(1) of the Criminal Act, and that there is a need to consider the purpose of the main sentence of Article 39(1) of the Criminal Act. In light of these various factors for sentencing, the defendant shall be

2. Paragraph (2) of the crime indicated;

The crime of this case is a case where the defendant invadedd a residence at night and escaped at the end of shooting, and when comprehensively considering various circumstances, such as the previous criminal records of the defendant, etc., the act of this part is inevitable to punish heavier punishment corresponding to the nature of the crime. Thus, the defendant is punished by imprisonment with prison labor for 10 months as to the second crime in which the defendant decided.

Where the part of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (special robbery, rape, etc.) is finalized among the conviction against the accused, the accused is a person 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 the accused is obligated to submit personal information to the competent agency pursuant to Article 33 of the same Act.

[Attachment]

Judges Kim Young-young (Presiding Judge)