Defendant

Promotion

Attorney Lee Jong-sik (Korean)

A defendant shall be punished by imprisonment for fifteen years.

To the person subject to the request for attachment order, an electronic tracking device shall be attached for five years.

Defendant and the person subject to a request to attach an attachment order (hereinafter referred to as “Defendant”) are the victim Nonindicted Party 1 (Inn, 12 years of age and her father).

1. Criminal facts;

At around 23:00 on February 17, 2010, the Defendant: (a) led the victim to obey a condition without the direction of the Defendant; (b) obstructed the victim’s panty and panty; and (c) committed rape to the victim who was unable to resist the victim’s sexual organ from the body of the victim by means of the method of inserting the victim’s sexual organ into the victim’s sound part; and (d) obstructed the victim’s stress after having raped the victim who was unable to resist 30 times from the time to April 9 of the same year, such as the list of crimes in attached Form 30.

2. Facts of the cause of the attachment order;

In light of the record that the defendant continued to commit a sexual crime as above, it is possible to recognize the habit of the crime, and thus, the defendant is in danger of repeating the crime.

1. Defendant's legal statement;

1. Statement made by each police officer on Nonindicted 1, 3, and 2

1. Each description of the complaint petition, diagnosis certificate, family relation certificate, explanatory note, reply to a request prior to the investigation, report on each investigation, and accompanying documents;

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

Articles 9(1) and 8-2(4) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (before the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is enforced on April 15, 2010), Article 299 of the Criminal Act, and selection of imprisonment for a limited term

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravated Punishment of Sexual Crimes and Protection of Victims Thereof) of the Criminal Act

1. Inclusion of days of detention in detention;

Article 57 (Court Order 2007HunBa25 Decided June 25, 2009)

1. Orders to attach an electronic tracking device;

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

According to the sentencing guidelines recommended by the Sentencing Commission, the crime of this case falls under the aggravated area of category 2-2 where the result of injury occurs among sex offenses under the age of 13, and thus, the recommended sentence against the defendant is between 7 and 11 years.

However, it is deemed inappropriate to apply the above recommended sentence to the defendant in light of the unique characteristics of the case where the defendant continuously used her sexual intercourses for his/her sexual desire. The defendant, even on April 9, 2010, he/she raped the victim almost every day after the victim was born or infected with infection, and even on April 9, 2010, he/she was found to have committed a crime with a tent, such as rape of the victim under the circumstances where his/her father's minor father is maintained. Accordingly, the victim was unable to live together. Nevertheless, the defendant refused to make statements at an investigative agency as if he/she had the spirit of her life while denying most of his/her criminal conduct. Nevertheless, it is difficult to find against the defendant even if the defendant was led to his/her criminal conduct at the time of this court, but it is difficult to find against the defendant's genuine character. According to the main sentence of Article 18 (1) of the Act, the defendant's personal information disclosure and disclosure of personal information, age, personality, and circumstances after committing the crime, etc.

[Attachment]

Judges Ansan-gu (Presiding Judge)