Defendant

The highest child (prosecutions, public trials), Gangnam-gu (Public prosecutions)

Attorney Gyeong-jin (Korean National Assembly),

A defendant shall be punished by imprisonment for life.

The information on the accused shall be disclosed and notified through an information and communications network for ten years (Provided, That the summary of a sex offense shall be limited to the crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.)

A location tracking electronic device shall be attached to a person requested to attach an electronic device for 30 years.

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

A person who requests a treatment order shall be ordered to perform sexual impulse medication for five years.

[2012 Gohap942]

1. Crimes against the victim non-indicted 1

Defendant and the respondent for an attachment order, and the respondent for a treatment order (hereinafter referred to as “Defendant”) took obscene images for female children who were downloaded at the Internet site, and had a sense of refund to resolve sexual desire through sexual acts against female children. Meanwhile, since 5-6 years prior to the victim’s non-indicted 1(n, 6 years old)’s parents, they had a friendship with their families, such as having a cafeteria operated by the victim’s non-indicted 1(n, 6 years old).

At around 01:00 on August 30, 2012, the Defendant heard the horses that the mother of the victim was under the influence of alcohol at the victim’s home while talking with the victim’s mother at the “○○○○○,” located in the Young-si, Masi, Masi, Masi, and tried to commit rape by taking the victim’s mother into the house of another victim who sent time at the scam.

(a) Intrusion upon residence;

On August 30, 2012, at around 01:30, the Defendant opened a gate which was not set up before the victim's house in Naju, and intruded into the victim's residence.

(b) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

The Defendant, for the purpose of rapeing the victim at the home of the victim at the time of the above A. B. B. B., the victim, who was covered by the victim at the time of the above A. B. B. L. B., the victim was forced to take the victim into force under the Young-si, Young-si, Young-si, Sinsi, Sinsan, where the victim was f.e., at the victim’s house.

(c) Violation of the Special Act on the Punishment, etc. of Sexual Crimes;

At around 02:00 on the same day, the Defendant: (a) she was frightened on the floor of she was brought up to her frighten, laid down on the floor to her frighten the victim; (b) she was exempted from the clothes of the victim; and (c) she was frightened, sounded, and resisted by the victim’s body while she was her frightened, sounded, and her frightened; (d) the Defendant her left hand divided the part of the victim’s timber into the part of the her port; (e) her four fingers into the part of the female; (e) she embreed the part of the female; (e) she sees the female’s both sides, her left part, etc.; and (e) she raped the victim into the part of her frighten.

In the course of rapeing the victim as above, the defendant tried to kill the victim with the mind that the victim might report the remaining victim's her face if the victim had been her face. However, the victim's strokeed that the victim died due to severe stroke, so she attempted to kill the victim. However, the victim's strokeed that the victim died of her stroke, so she attempted to leave the scene, and she did so at the wind, and the victim suffered from the injury, such as bad stroke, bad stroke, inner wall damage, workplace damage, damage to the inner part of the stroke, and sexual stress response, etc. requiring medical treatment for at least one month.

2. Night theft;

The defendant committed the same crime as the statement in paragraph (1), and the cost of escape is required after the escape, and thus he has taken money and valuables in neighboring stores.

On August 30, 2012, from around 02:30 to around 02:40, the Defendant: (a) opened the door set up at the rest area of △△ operated by Nonindicted Party 2, the victim Nonindicted Party 2, who had been living in the city ( Address 1 omitted); (b) opened the door door up below the above door, and intruded into the said door after a year; and (c) opened the cash 330,000 won owned by the victim in the west and the market price of 13,500 won in the tobacco display room at the end of KRW 343,50,000 in total; and (d) cut it.

[2012 Gohap1164]

On May 8, 2012, 22:30, the Defendant, at the front Donnam-gun, cited the gap in which the surveillance was neglected at the Don-ri community center, to support the development of the well-being of the village.

Accordingly, the Defendant, as seen above, stolen 6.2 million won, which was owned by the victims of the above ○○ Village.

【Fact of Grounds for Attachment】

The defendant committed a sexual crime against a person under 16 years of age as stated in the facts constituting a crime of paragraph (1) and is likely to recommit a sexual crime.

【Facts of Grounds for Medical Treatment Orders】

As stated in the facts constituting a crime of paragraph (1), the Defendant is likely to recommit a sexual crime as a sex-componed patient who committed a sexual crime against a person under 16 years of age.

1. Defendant's legal statement;

1. The victim’s statement recorded CDs 10 each statement made by Nonindicted Party 1

1. Each police statement made against Nonindicted 2, 3, and 4

1. Investigation report (to hear statements from non-indicted 2 telephone victims);

1. A medical certificate of injury or medical certificate (Evidence No. 622 pages of evidentiary records);

1. The risk of recidivism of a sex crime and sexual crime: The following circumstances are acknowledged by the evaluation of each evidence of the judgment, the mental sentiment prepared by Nonindicted 5 by the mental and emotions belonging to a medical treatment and detention center, and the statement of a claim pre-investigation into the defendant, namely, ① the defendant has sexual intercourse with the victim's words, etc. with a forward to solve sexual desire against female children at ordinary times, and eventually has prevented sexual assault of this case. ② The risk of recidivism of a sex crime of the defendant falls under the category of 13 points, and the risk of recidivism of a sex crime of the defendant falls under the category of 20 points, and the risk of recidivism of the sex crime of the defendant falls under the category of a sexual crime of "serious sexual crime" (PCL-R), ③ the defendant has high risk of recidivism of the sex crime of the defendant as well as the character and behavior of the defendant's sexual crime of this case, ③ the risk of recidivism of sexual crime of sexual assault of this case by taking into account the following circumstances:

1. As to the claim of mental disability caused by an exploitation

The defendant and his defense counsel asserted that the defendant was in a state of mental disability under the influence of alcohol at the time of the crime as stated in paragraph (1) of this case. Thus, according to the evidence duly adopted and investigated by this court, although the defendant was found to have been drinking a considerable amount of alcohol at the time of the crime, it does not seem to have reached a state where the defendant's ability to discern things or make decisions is weak due to it (In addition, Article 7-2 of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that Article 10 (2) of the Criminal Act may not apply to the crime of this case committed against a child or juvenile under the influence of alcohol (Rape, etc.). Thus, the provision on mitigation of mental and physical disability shall not apply to the sexual crime of this case against a child or juvenile). The above argument is rejected.

2. As to the claim of mental disability due to the disability of sexual condomination, etc.

The defendant and his defense counsel asserted that the defendant was in a state of mental disorder at the time of each crime described in paragraph (1) of the judgment of this case due to personality disorder, non-human mental disorder, obsessessis, etc.

According to the statement of the opinion of Non-Indicted 6, Non-Indicted 7's doctor, Non-Indicted 7's doctor's doctor, and Non-Indicted 5's doctor's doctor's doctor's doctor's written testimony, the defendant is recognized as suffering from symptoms, such as a detailed unknown personality disorder, detailed unexploded mental disorder, non-closed type of closion, but the above written appraisal is also presented to the purport that "it is presumed that the mental state at the time of the crime of this case is not a mental state, and therefore, it is presumed that there is no mental disorder." In light of the circumstances and means of each of the crimes of this case, the defendant's behavior before and after the crime of this case, it cannot be seen that the defendant has reached a state where the defendant has a weak ability to discern things or make decisions at the time of each of the crimes of this case. Thus, the above assertion is

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

0. Attempted rape of a minor under thirteen years of age: Articles 14, 9 (1), and 7 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act (Selection of Imprisonment with Labor)

0. The purpose of abduction for sexual intercourse: Article 5-2 (4) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 288 (1) of the Criminal Act.

0. Entry into residence: Article 319(1) of the Criminal Act (Options of Imprisonment)

0. Night-time theft: Article 330 of the Criminal Act

0. The point of larceny: Article 329 (Selection of Imprisonment)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 1, and Article 50 of the Criminal Act (No other punishment shall be imposed, since a person selects an imprisonment for life for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which has the largest punishment)

1. An order for disclosure;

Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse [Article 38 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Market]

1. An order to notify;

Article 38-2 (1) 1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse [limited to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.)]

1. Orders to attach an electronic tracking device;

Articles 9(1)1 and 5(1)4 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (wholly amended by Act No. 11558, Dec. 18, 2012; hereinafter the same shall apply)

1. Imposition of obligations;

Article 9-2(1) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders

1. Medical treatment orders;

Articles 8(1) and 4(1) of the Act on Pharmacologic Treatment of Sexual Impulses by Sexual Offenders

1. Scope of applicable sentences: Life imprisonment;

2. Scope of recommendations according to the sentencing criteria;

- Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.)

[Types of Crimes] homicide, Category 4 (Murder combined with Serious Crimes)

[Special Aggravationd Persons] - In the case of kidnapping and inducing victims who are vulnerable to the crime, and in the case of kidnapping and inducing for a purpose of criticism, serious injury (Attempted murder)

[Scope of Recommendation] Special Priority: Imprisonment for not less than 20 years, life imprisonment for life

[Scope of the revised recommended sentence] Life imprisonment for at least six years and eight months (the scope of the recommended sentence for the crime of attempted death shall be reduced to 1/3 and the upper limit shall be reduced to 2/3, respectively)

3. Scope of recommendations according to the guidelines for handling multiple crimes;

Life imprisonment (the crime of housing intrusion shall be subject to the lower limit of the above recommended punishment, in consideration of the lower limit of the applicable punishment, because the sentencing guidelines are not set for the crime of housing intrusion).

4. Determination of sentence: Imprisonment for life;

1) The sexual assault crime of this case was committed by the defendant 6 years old, who was locked by intrusion upon the victim's house, and tried to kill the victim in order to commit rape and to conceal the crime. The victim was kidnapped to the defendant who was frighten at the house where the victim is most comfortable and protected, and was kidnapped to the defendant who was fright at the house where the victim was fright and protected, and was frighted at the bottom of the bridge where the victim was frighted, and was frighten, so as to live in a extreme fear and apprehension, the victim was frightened several times of the body and frightened, and was frighted with the frighten in a state where the frighten was cut off. Due to the crime of this case, the victim suffered serious damage, such as the aftermath, fright, surrounding area of work, and surrounding area, and the frightth, which led to the death of the victim.

Since this case, the victims suffered treatment that is difficult for general adults to see as much as possible, such as women in childbed, gymnasium, gymnasium, infection, mental department, etc., such as not less than three weeks of drinking water and attaching artificial anus, etc., and are going to undergo more than twice in the future. In addition, the victims are suffering from mental shock that is unable to easily recover through life, such as overcoming extreme anxiety and fear, if they come to fry as at the time of committing the crime.

As such, sexual assault against a young child in a growing period not only reduces the victim's severe physical and mental condition, but also remains after the growth process and thereafter, it is not easy to cure it, such as continuous anxiety, fear, depression, and inorganic evidence, and it is also easy to cure it. In addition, in this case, the citizen who brought extreme anxiety and fear to all families of our society where the young children have a wide size in neighbors is fright to be frighted to shock. The defendant cannot be held liable for it as a severe penalty corresponding thereto.

2) The statutory penalty for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is death penalty or life imprisonment, and the prosecutor has punished the defendant, and the victim, his family members and many citizens have continued to be punished by death penalty against the defendant, as the prosecutor’s penal punishment.

Considering the fact that the death penalty is a very cold punishment that deprives human life of himself/herself of it, it is an extremely exceptional punishment that can be introduced by the dual judicial system in a marcing country, the death penalty should be granted only when there are objective circumstances to recognize it in light of the degree of responsibility for the crime and the purpose of punishment. Therefore, in imposing the death penalty, the death penalty should be determined by thoroughly examining all of the following matters, including the offender’s age, occupation and career, character and behavior, intelligence, education degree, growth process, family relation, family relation, victim’s relation, motive, preparation degree, means and method, degree of cruel and badness, importance of the result, victim’s number and appraisal, the depth and attitude after the crime, the degree of reflectness and attitude, the degree of recovery from damage, and concerns about re-offending, etc., and by thoroughly examining the above special circumstances (see, e.g., Supreme Court Decision 2003Do4039, Jun. 3, 2003).

However, in the instant case, unlike the crime of kidnapping and rape, the crime of attempted murder is an inevitable punishment that is committed by the Defendant, which is somewhat timely and friendly, and is committed by the Defendant to be punished during the commission of rape, and the Defendant does not have any special power to commit a sex crime, such as committing a crime, except for the punishment that is punished twice by larceny, and all of his/her confessions (a summary of the Defendant stated that his/her memory is not well-known under the influence of alcohol. However, considering the following factors: (a) although the Defendant stated that he/she is under the influence of alcohol, he/she has consistently led to his/her essential part of the crime, such as kidnapping, rape, murder, etc., from an investigative agency to this court) and the Defendant’s infinite growth environment, it is difficult to view that the death penalty, which is an inevitable punishment, is an objective case where even if there is any special circumstance that can be justified in light of the degree of responsibility for, and the purpose

3) Therefore, we examine whether the Defendant’s sentence of imprisonment for life is to be imposed by reducing the punishment only once on the favorable circumstances of the Defendant, without choosing the death penalty for violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

A) In the instant case, the result of the Defendant’s intentional death did not occur, and Article 25(2) of the Criminal Act provides that “the punishment of the attempted criminal may be mitigated than that of the attempted criminal.”

However, it is not that the result of death in this case does not occur because the Defendant did not stop the act or engage in sufficient conduct. In other words, the Defendant first saw the victim’s pressure so that it would not mislead the victim, and her sexual humiliations and pressure to suppress the victim’s resistance. Ultimately, the Defendant’s 10 seconds to kill the victim on the ground that the victim might have been aware of her sexual fall within 10 seconds to 15 seconds, and that the victim might not have any response to the death of the victim, and that the victim might not have been able to have any other effect upon her death, and that the victim might not have been able to have any other effect upon her death by her act, and that the victim might have been able to have been able to have any other scired and scired during 1 time after her death, and that the victim’s scired and sciredly scired out the victim’s face would normally have been objectively divided into the victim’s s face.

B) Although the Defendant made a confession of all crimes, such as submitting a reflective document, etc., the Defendant appeared to repent of his mistake, no effort was made for the recovery of damage to the victim and his family members, and the victim of this case must see that the victim of this case “I am going to do so with a large number of low-income weathers that he died. I am going to do so at the home of Korea. I do not see that I am going to do so, and that I am to do it with a lot of low-incomes in our house. I am to the extent that I am and we can express 6 years of age as much as possible, such as submitting a letter of “I am,” and I am to the maximum strong punishment to the extent that I am to the extent that I am able to express it. It is difficult to escape the wind between the victims because I am suffering from difficult pain to cope with the cruel crime.

On the other hand, the Defendant was living in an influent environment without any specific criminal force, such as sexual crime, except for punishment twice for larceny. However, the Defendant shows symptoms such as game addiction, such as anti-social personality disorder, military register design, and daily labor without tending occupation, and lives without any social ties. Furthermore, the Defendant’s fluence toward sexual intercourse against female children by taking obscenity in obscenity for several years, and actually committed the instant crime with sexual intercourse with the victim’s words, etc., and in order to feel sexual humiliation, the Defendant committed the instant crime on the grounds that there is no possibility that the victim’s flusium might have any more boomed and flusent sexual orientation, etc. in light of the fact that the Defendant flusium and flusium of the victim, and that there is no possibility that the victim’s flusent will and flusent punishment will be expressed in the future by taking the victim’s flusium, and that there is no further fear that the Defendant’s brut will and brut will.

4) Ultimately, considering the suspicion of the instant crime, the victim’s malicious nature revealed in the course of the crime, the degree of damage to the victim, the strong intention of the victim, the influence of the instant crime on our society, and other various sentencing conditions indicated in the records, etc., it is determined that it is more urgent to protect the victim, his family and our society from the Defendant and potential Defendants by cutting off the Defendant’s tolerance on the grounds of the favorable circumstances of the Defendant, thereby holding the Defendant accountable for committing a crime more severe liability corresponding to the act, rather than returning the Defendant to society in the future and expecting the correction of the Defendant, permanently isolated the Defendant from this society on the ground of the favorable circumstances of the Defendant mentioned above. Therefore, it is necessary to further protect the victim, his family and our society from the Defendant and potential Defendants.

Where a conviction becomes final and conclusive on the criminal facts of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) in the judgment that is a sex offense against a child or juvenile, the defendant is a person subject to registration of personal information pursuant to Article 33 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the defendant is obligated to submit personal information to the competent agency

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

[Attachment]

Judges at the port of appeal (Presiding Judge)