2011 Violation of Special Act on the Punishment, etc. of Sexual Crimes (Special Robbery and Rape)

(i)an injury by robbery,

(*****************), and non-duty.

The residence omitted.

Place of Registration omitted

Woo-ju

Law Firm***, Attorney***

October 7, 2011

A defendant shall be punished by imprisonment for five years.

It shall be confiscated, each of which shall be confiscated, one of the excessive number of vinyls, one of which is seized, and the information on the accused shall be disclosed and notified for five years.

Criminal History Office

Around 14:20 on August 10, 201, when the Defendant was unable to discern things or make a decision due to excessive drinking, the Defendant tried to rape the victim by assaulting the victim, such as assaulting the victim’s face by drinking, leaving 51 years old, which is a dangerous object prepared in advance, in excess of 10 centimeters in the knive length of the day, and discovering the victim who was reporting the television broadcast by going into the room, and making the excessive amount in the victim’s item, and 141,000 won a deduction from the victim’s cash. On the other hand, the Defendant continued to rape the victim. The Defendant tried to rape the victim by assaulting the victim by taking the victim’s face by drinking, by taking the victim’s escape into room, and by taking the victim’s rescue by taking advantage of the victim’s no way to request the victim’s rescue from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the Korea Police Agency;

1. Police seizure records;

1. Investigation reports (fields, etc.);

Application of Statutes

1. Article applicable to criminal facts;

Articles 14 and 3(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Articles 334(2) and 297 of the Criminal Act; Article 337 of the Criminal Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act / [Punishment prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (Special Robbery, Rape, etc.)]

1. Selection of punishment;

Optional of limited imprisonment

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Confiscation;

Article 48 (1) 1 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;

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

The defense counsel asserts that legal mitigation should be made because the defendant had the ability to discern things or make decisions due to proof of alcohol existence, coercion disorder, and depression at the time of committing the crime of this case, and because there is lack of ability to discern things or make decisions due to drinking.

Article 19 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that Article 10(1) and (2) of the Criminal Act shall not apply to the case where the defendant committed the same crime in the state of mental disorder caused by drinking or drugs. According to the records, the court below held that it is inappropriate to apply the mitigation of mental disorder as provided by Article 10(2) of the Criminal Act to the defendant on the ground that it is not a mental disorder, such as mental fissiona and related diseases, which the defendant suffering from the crime of this case, does not constitute a mental disorder with criminal responsibility. The defendant appears not to have caused mental disorder as above at the time of the crime of this case, but is in a state of mental disorder due to excessive drinking, and the defendant is likely to have a harm to others after drinking, and the defendant could have predicted it. Thus, it is not appropriate to apply the mitigation of mental disorder as provided by Article 10(2) of the Criminal Act to the defendant on the ground of mental disability of the defense counsel.

The reason for sentencing is that the crime of this case is committed under the conditions of sentencing that the defendant forcibly takes property from the victim by threatening and threatening the excessive amount of a deadly weapon, and that it is not good to form the crime. The defendant committed an injury to the victim; the defendant is under the influence of criminal punishment for suspended execution due to robbery, injury, etc.; the defendant reflects in depth the crime of this case; the defendant has no record of being punished by imprisonment with prison labor; the defendant was confiscated at the scene of the crime; the cash taken by the defendant was temporarily returned to the victim; the victim was temporarily returned; the victim was not wanting to be punished; the defendant suffered from the coercion disorder, alcohol dependence; the defendant suffered from the crime of this case under the state of mental disability due to excessive drinking; the defendant committed the crime of this case under the state of mental disability due to excessive drinking; the motive and circumstance leading up to the crime of this case; the defendant's age, character and behavior, environment, circumstances after the crime, etc.

The presiding judge, assistant judge and police officer;

For judges:

Judges Park Jong-young