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

2013Gohap566 (Joint Rape)

(b) The punishment of sexual crimes and the protection of victims thereof;

Article 10 (Rape in Relationship of Relatives)

(c) Violation of the Act on the Protection of Juveniles against Sexual Abuse;

Between them)

(d) Punishment of sexual crimes, protection of victims, etc.;

Article 10 (Indecent Act by Relatives)

(e) The punishment of sexual crimes and the protection of victims thereof;

Violation of Acts (Minor Rape, etc. under Fifteen years of age)

2013. Written order to attach 68 (Joint)

Persons whose attachment order is requested;

Park ○-○ (7 years old, South) and the Head of Working Group on Construction Companies

Residential Pyeongtaek-si

Standard place of registration

Kim Phee-young, Shee (prosecutions), and Kim In the case of (Trial)

Attorney Lee Dong-young (National Assembly)

November 5, 2013

The first crime, third-party (A), and second-party (B) of the holding of the defendant shall be punished by imprisonment with prison labor for five years, and the first-party (1) of the holding of the court below

shall be punished by imprisonment with prison labor for not less than 4 years, and by imprisonment for not more than 5 years with prison labor for the crimes of No. 2 and No. 3.

The information on the accused shall be disclosed and notified through an information and communications network for 10 years (and shall be notified).

the intent of the crime is limited to the crime No. 1(b) of the holding.

A location tracking electronic device shall be attached to a person who has requested an attachment order for ten years.

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

Criminal facts and the facts constituting the request for attachment order

【Criminal Power】

On September 27, 2002, the defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") were sentenced to four years of imprisonment with prison labor for the crime of violation of the Punishment of Sexual Crimes and the Protection of Victims, etc. (Rape, etc.) in the Suwon District Court, and completed the execution of the sentence on July 6, 2006. On January 30, 2008, the Suwon District Court sentenced 10 months of imprisonment with prison labor for the crime of violation of the Act on Special Cases concerning the Regulation of Speculative Acts, etc. and the Punishment, etc. in Sejong District Court on April 16, 2008 and completed the execution of the sentence on July 21, 2008. On February 15, 2011, the judgment became final and conclusive as having been sentenced to imprisonment with prison labor for 10 years on July 21, 201.

" 2013 Gohap383"

1. Crimes against the fambling of the victim;

The defendant is suffering from the victim's gambling (here, 90 July 13, 190).

(a) Crimes on August 2006;

On August 2006, at around 15:00, the Defendant, playing in the house of Park Sung-ju (the age of 16 at that time) a victim Park Sung-si (the age of 16 at that time, changed brea), was aware of the fact that the victim is mixed with the house, and then, was able to rape the victim by taking advantage of the fact that the victim fells with intellectual ability rather than normal ones and helps the Defendant with a usual and violent tendency.

When the Defendant continuously demanded the victim to engage in sexual intercourse, the Defendant forced the victim to be off his clothes from the victim’s chest and fluor, forcedly suppress the victim’s resistance, and had sexual intercourse with the victim once.

Accordingly, the defendant is a blood relative, and the victim was raped.

(b) A crime on May 24, 2013;

On May 24, 2013: at around 05, the Defendant found at the house of the victim Park Jong-ju (the age of 22 at that time) located in the Sinsung-si (the age of 22) and confirmed all of his family members of the victim, and caused the victim to get out of the house, and set up the said car on the roads around the spke-si and set up the victim "B" on the road around the spke-si, the victim "B" in the vehicle and set it off in the knife. On the inside the inside, the Defendant: (a) forced the victim to suppress the victim's resistance; (b) forced the victim's clothes and panty; and (c) forced the victim to have sexual intercourse once.

Accordingly, the defendant raped the victim who is a blood relative.

2. Crimes against the victim's gambling;

The defendant is a three-way relationship with the victim's gamba (Mon, Feb. 27, 91).

On April 2009, at around 03: 00, the Defendant: (a) reported the victim’s house located in the apartment house located in Pyeongtaek-si, Pyeongtaek-gu (at that time, 18 years old), who had been living in the Defendant’s house at the time, and had the victim go to the ward, and had the victim show the knife and threatened the victim; (b) led the victim to suppression the victim’s resistance; (c) sexual intercourse with the victim, and (d) led the victim to sexual intercourse at one time, and (e) led the victim to sexual intercourse with the victim, and (e) sexual intercourse with the victim at one time.

Accordingly, the defendant raped the victim who is a blood relative.

" 2013, 566"

3. Crimes against the victim's gambling;

The defendant is suffering from the victim's gamba (here, October 8, 96)'s gamba, the victim's gamba, and the victim's gamba.

(a) A crime committed in the early July 2006;

On July 2006, the Defendant committed an indecent act such as buckbucks and bucks of the victim with his own house located on the back of the victim's home, where the mother of the victim (the 9 years old at that time) left the stock farm, and the victim's scam going to the side of the victim's house to play a computer, and then entered the victim's bucks and scucks, bucks and scams, and bucks of the victim's breast with his hand.

Accordingly, the defendant is a blood relation, and the minor victim under the age of 13 was committed by indecent act.

(b) Crimes committed on the Staff of August 2006.

The defendant, on August 2006, was accommodated in his dwelling place in a high-ranking cream in a mountain village in his own dwelling, which is located in the cryp of the defendant.

This is an indecent act committed by the victim (at the time nine years of age) who was seated in a sofa, she laid the clothes of the victim into the chest, she saw the victim's chest into the breast, facing him/her with his/her clothes, raising his/her fingers into the victim's clothes, and talks with the part of the victim.

Accordingly, the defendant is a blood relation, and the minor victim under the age of 13 was committed by indecent act.

(c) Crimes of accompanying the police officer in 209.

In 209, the Defendant, after completing English supplementary learning at the residence of the victim (at the time, 12 years of age) who is under the control of the Sinsan-si in 2009, committed an indecent act against the victim, who alone gets home, by cutting off the clothes of the victim, cutting off the victim’s chest, flading the victim’s chest, booming the victim’s chest, drinking out the part of the victim’s chest as his hand.

Accordingly, the defendant is a blood relative, and the victim was indecent act by compulsion.

【Fact of Grounds for Requesting Attachment Orders】

As above, the Defendant committed a sexual crime against a minor under the age of 19, and committed a sexual crime two or more times, and the commission of such crime is recognized, and there is a risk of recommitting a sexual crime in light of the background of the crime, environment, character and conduct, etc.

Summary of Evidence

" 2013 Gohap383"

1. Defendant's legal statement;

1. Statement of statement to the police officer of Park Jin;

1. A petition filed by Park ○-min;

1. Stenographic records;

1. Requests for a gene appraisal;

1. An investigation report (a report attached to a family relation certificate, etc.);

1. Previous records of judgment: Criminal records, etc. and investigation reports (related to the completion date of the execution of punishment);

“ 2013Gohap566

1. Defendant's legal statement;

1. A letter of criminal complaint by ○○○○; and

1. Recording records;

1. A family relation certificate and a transcript of the removed family register;

1. Video CDs;

1. Previous records of judgment: Criminal records and other criminal records and investigation reports (verification of the date of release of a suspect);

[The risk of recidivism and recidivism of sexual crimes in the judgment]

1. The following circumstances recognized by the evidence mentioned above and the written investigation prior to the claim, namely, ① the Defendant had a record of having been sentenced to a sexual crime even before the instant crime was committed, ② the Defendant committed the instant sexual crime repeatedly against three victims on several occasions between 2006 and 2013, ③ the evaluation of the risk of recidivism by the Defendant according to the examination results of the Korean sexual offender’s re-scope (K - STRAS) is assessed as “high risk of recidivism” (20 points), and the Defendant’s character, conduct and environment, etc. are comprehensively considered. In addition, the risk of recidivism and recidivism of sexual crimes against the Defendant is recognized.

Application of Statutes

1. Relevant Articles of criminal facts;

Rape by blood by ○: Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Law No. 12, 2012)

28. Regarding the punishment, etc. of sexual crimes committed by the former Act before amendment by Act No. 11556

Article 5(1) of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012)

Article 297 (Crimes around May 24, 2013) of the former Criminal Act (hereinafter referred to as "former Criminal Act"), each of the Gu's circumstances

Act on the Punishment of Violence Offenses and Protection, etc. of Victims (Act No. 10258, Apr. 15, 2010)

Under Article 5 (10) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

prior to the amendment by the Act on the Protection, etc. of Victims; hereinafter referred to as the "former Act on the Protection of Victims

Article 7 (1) of the Punishment and Victims Protection Act (hereinafter referred to as the "Act"), Article 297 of the former Criminal Act

[Defendant-Appellee] around August 2006 and around April 2009, the upper limit of punishment is the former Criminal Act (Law No. 15 April 15, 2010)

The main sentence of Article 42 shall apply to Article 102 (amended by Act No. 10259; hereinafter the same shall apply)

○ Juvenile Rape Act (Law No. 8634, Aug. 3, 2007)

Article 10(1) of the former Criminal Act; Article 297 of the former Criminal Act

Indecent act by blood by blood: Punishment of each old sexual crime, protection of victims thereof, etc.

Article 7(2) of the Act, Article 298 of the Criminal Act

The point of indecent acts by force by minors under the age of 13: Punishment of each old sexual crime and protection of victims thereof.

Article 8-2 of the Act on the Law, etc. (amended by Act No. 8059 of Oct. 27, 2006)

2 Paragraph 2, Article 298 of the Criminal Act

The Act on the Protection of Juveniles against Sexual Abuse (Law No. 9 June 9, 2009)

9765 the Gu before wholly amended by Act on the Protection of Children and Juveniles against Sexual Abuse; hereinafter referred to as "the Gu").

Article 7(2) of the Act on the Protection of Juveniles against Sexual Abuse (hereinafter referred to as "Act on the Protection of Juveniles against Sexual Abuse"), Article 298 of the Criminal Act

1. Competition;

Articles 40 and 50 of the Criminal Act (the first patrol officer of July 2006 and the punishment of sexual crimes committed on August 2006)

The crime of violation of the Protection, etc. of Victims (Indecent Act by Relatives) and the punishment and escape of sexual crimes.

Violations of the Maritime Protection, etc. Act (13 years of age, minor rape, etc.). Among crimes, punishment heavier than punishment

Punishment prescribed for a crime in violation of the Punishment of Forced Crime and Protection of Victims, etc. Act (Indecent act by blood);

on August 2006, violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims.

The crimes of rape) and the violations of the Act on the Protection of Juveniles against Sexual Abuse (Juvenile Rape, etc.)

A serious sexual crime and a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Rape with Relatives)

Punishment of such punishment, and violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims in 209

The Act on the Protection of Juveniles from Sexual Abuse and the Act on the Protection of Juveniles from Sexual Abuse (Sexual Rape, etc.)

B. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. with heavy punishment

Punishment of the punishment specified in the crime of indecent act by compulsion)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act (Death or Injury resulting from Rape, etc.)

Since there is a division, the punishment of and damage to each sexual crime committed on July 2006 and on August 2006, respectively.

A crime of indecent act by blood (indecent act by blood of relatives) and sexual crime around August 2006.

Punishment and the Protection of Victims (Rape by Relatives)

Since there are criminal records of violation of the Act on Special Cases concerning the Punishment and Punishment of Sexual Crimes, the punishment and punishment of each sexual crime around April 2009.

A crime of violation of the Protection, etc. of Victims Act (Rape by Relatives) and a sexual assault crime in the middle of 2009.

Punishment of the Act on the Protection, etc. of Victims (Indecent Act by Indecent Act by Relatives)

Within the proviso to Article 42 of the former Criminal Code (amended by Act No. 10259, Apr. 15, 2010)

In the case of violation of the Punishment of Violences, etc. Act (a group, a deadly weapon, etc.)

A crime of violation of the Act on Special Cases concerning the Punishment, etc. of Meritorious Crimes (Rape with Relatives) (proviso to Article 42 of the Criminal Act)

[Limits]

1. Handling concurrent crimes;

The latter part of Article 37 of the Criminal Act and the first sentence of Article 39(1) of the Criminal Act [the first sentence of July 2006 and the second sentence of August 2006]

The crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (indecent act by blood)

around August 2006, violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (Rape with Relatives)

Crime and the violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. for which judgment has become final and conclusive, and April 2009

Crimes of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Rape by Relatives), 209

A crime of violation of the Punishment of Sexual Crimes and Protection of Victims, etc. (Indecent Acts by blood)

and between the crimes of violation of the Punishment of Violences, etc. Act (a group, a deadly weapon, etc.) for which judgment becomes final and conclusive

1. Aggravation for concurrent crimes;

The former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act, and the former Criminal Act (Law No. 10259, Apr. 15, 2010)

The proviso to Article 42 (amended by Act No. 1954, Jun. 1, 2008)

The crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (indecent act by blood) and 206

A crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (Rape with relatives) around August.

Before August 2006, violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc.

(Rape) Aggravation of concurrent crimes with punishment prescribed in the crime, and each sexual crime around April 2009.

Crimes of rape in violation of the Punishment Act and Protection of Victims, etc. (Rape in Relationship), sexual assault in 209

Punishment of the crime, violation of the Act on the Protection, etc. of Victims (indecent act by blood) and between the crimes, punishment and punishment;

Act on the Punishment of Sexual Crimes and Protection, etc. of Victims in April 2009, the first Act on the Punishment of Sexual Crimes and Protection, etc. of Victims, with a heavier penalty.

1. Rape (Rape of Relatives)

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act. (B) Articles 53 and 55 (1) 3

1. An order for disclosure;

Article 37 (1) 1 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (B)

(A) Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (see, e.g., Supreme Court Decision 1-A, 2)

As to crimes, crimes of Type 3

1. An order to notify;

Article 41 (1) 1 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (B)

-)

1. Orders to attach an electronic tracking device;

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

heading, Article 5(1)3, 5(1)4

1. Imposition of matters to be observed;

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

heading 3, 4

Reasons for sentencing

Each of the instant crimes was committed by the Defendant from around 2006 to around 2013 on four occasions by rape and three times by force, and its nature is extremely heavy in that each of the instant crimes was committed over a long period from the age of the victims to the age of their gender.

The Defendant, who was sentenced to criminal punishment for the same kind of crime and was released from prison, committed sexual assault against the victims from the date of release on several occasions, and committed sexual assault from the time of release with the knowledge that the Defendant had a little of intellectual ability to do so, and committed sexual assault by using it. In particular, in the case of rape in around 2009, the degree of assault and intimidation exercised by the Defendant to the victims is not somewhat weak, and in particular, when the Defendant threatens the victim's gambling in knife, it would be likely that the victims were sexual assault continuously committed by the Defendant at her home or in knife with the Defendant's age and suffered considerable shock and pain. Considering that the Defendant committed each of the of the crimes of this case without being convicted of the repeated crime during the period of repeated punishment, it is necessary to punish the Defendant with severe impulse punishment for a long time.

However, all of the crimes of this case were committed by the Defendant and against his mistake; the Dogjin was not punished against the Defendant; the Defendant was sentenced to imprisonment in around 2008 and around 2011; and three separate punishments for each of the crimes of this case, which are not one punishment, shall be imposed separately in consideration of the two different circumstances, such as the fact that the Defendant committed the crimes of this case.

Punishment shall be determined.

Registration of Personal Information

Where a conviction of a person subject to registration has become final and conclusive on the facts constituting the crimes listed in Article 1-b of the judgment on sexual crimes subject to registration, the accused is a person subject to registration of personal information under Article 32(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and where the conviction of each of the crimes listed in paragraphs (2) and (3) of the judgment on sexual crimes subject to registration is finalized, the accused is a person subject to registration of personal information under Article 32 of the former Act on the Protection of Juveniles against Sexual Abuse (amended wholly by Act No. 9765 of Jun. 9, 2009). Thus, the accused is obligated to submit personal information to the competent agency pursuant to Article 43 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Public Prosecution Rejection Parts

1. Facts charged

The defendant is a three-way relationship with the victim's gamba (Mon, Feb. 27, 91).

On April 2009, at around 03: 00, the Defendant: (a) reported the victim’s house located in the apartment house located in Pyeongtaek-si, Pyeongtaek-gu (at that time, 18 years old), who had been living in the Defendant’s house at the time, and had the victim go to the ward, and had the victim show the knife and threatened the victim; (b) led the victim to suppression the victim’s resistance; (c) sexual intercourse with the victim, and (d) led the victim to sexual intercourse at one time, and (e) led the victim to sexual intercourse with the victim, and (e) sexual intercourse with the victim at one time.

Accordingly, the defendant raped the juvenile victim.

2. Determination

Each of the above facts charged is a crime falling under Article 7(1) of the former Act on the Protection of Juveniles against Sexual Abuse and Article 297 of the former Criminal Act, and is a crime of anti-presidential punishment which cannot be prosecuted against the victim's express intent pursuant to Article 16(1) of the former Act on the Protection of Juveniles against Sexual Abuse. According to the written agreement entered by the victim Park Jong-jin on September 2, 2013, the victim Park Jong-jin withdrawn his/her wish to punish the defendant on September 2, 2013, which is the case after the prosecution of this case, and thus, this part of the indictment should be dismissed pursuant to Article 327(6) of the Criminal Procedure Act. However, inasmuch as the court found the defendant guilty of each of the crimes of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims from Sexual Crimes (Rape by blood in violation of the Act on the Protection of Victims from Sexual Crimes, this part of

Judge Lee Jae-young

Judges Park Young-sik

Number of judges exclusive;