2011Gohap2 Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof

Ban (Minor Rape, etc. under thirteen years of age) and the punishment of sexual crimes

Article 10 (Recognition of Special Rape, etc.)

Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

(Special Rape), the punishment of sexual crimes, the protection of victims, etc.

Violation of the Act on Special Indecent Acts (Special Indecent Acts) and Child and Juvenile Nature

Violation of the Protection Act (Rape, etc.) and Protection of Juveniles against Sexual Abuse Act.

Violation of the Act on the Rape, etc. of Juveniles / [Name of Partially Recognized Crimes]

The Act on the Punishment of Sexual Crimes and Protection of Victims Thereof

half (Minor Rape, etc. under thirteen years of age)

2011 high-ranking 1 (Joint Medical Treatment and Custody)

201. 1. (Joint) An order to attach an electronic device

Applicant for Medical Treatment and Custody and Applicant for Attachment Orders

Defendant, Non-Service

1. 1 Maddong-dong-dong-dong 1

Head of Si, Gun, Dong-dong, Dong-dong,

J. H. H. H. H.R.

Attorney Cho Jong-soo, Kim Jong-soo

May 31, 201

A defendant shall be punished by imprisonment with prison labor for up to 11 years.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Information on the accused shall be disclosed for 10 years (the summary of sex offense shall be limited to each offense listed in 3, 4, 5, 6, 9, 10, 11).

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

For the applicant for an attachment order, an electronic tracking device shall be attached for 20 years.

Criminal facts, a request for medical treatment and custody and a request for attachment order (hereinafter referred to as the "defendants") have weak ability to make decisions due to the lack of ability to make decisions on the criminal facts, a request for medical treatment and custody, and a request for attachment order. On May 8, 2004: around 00, the victim ○○○ (17 years old per 17 years old) who passed 1279 in front of the welfare meeting was sexually ill, with the victim's ability to report rape, and the victim approaching 2nd from that time to that time, the victim tried to have his/her own victim sealed in the toilets of the second floor, sealed him/her on the second floor, 10 times more than 5 times more than 10,000, and 10 times more than 5 times more than 10,000, and 3 times more than 5,000,000 after the victim's face and part of the rape, and 10,000 more than 1,000.

As above, the Defendant is deemed to have repeatedly committed sexual crimes against female children and juveniles between 11 and 17 years of age over 12 times during a period of about six years, and is deemed to have the mental disability with a boys’ sexual intercourse and the risk of recidivism at a medical treatment and custody facility where it is also necessary to receive medical treatment at the medical treatment and custody facility.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement of each police officer on the ○○○○○, ○○○, Do○○, Do○○, Kim △△△, △△△△△, and Kim Jong-si;

1. Each request for appraisal;

1. Records of seizure (on-site) and the list of seizure;

1. A criminal investigation report (Attachment of CCTV photographs of the suspect), a criminal investigation report (related to the specification of the place of crime), a criminal investigation report (Attachment of the victim's new ○○ Statements), and a criminal investigation report (Attachment of a written appraisal);

1. The need for treatment in the judgment, the recidivism of sexual crime, the risk of recidivism: In full view of the above evidence and the results of the mental appraisal, the contents and circumstances of each of the crimes of this case recognized by the statement in the request prior investigation, the character, conduct, environment, awareness and attitude of the defendant, and the present mental state, it is recognized that the defendant needs to receive treatment at the treatment and custody facility, the risk of recidivism of sexual crime and the danger of recidivism, and the medical treatment and custody facility.

Application of Statutes

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

• The attempted rape against the victim ○○ in the facts constituting the crime indicated in the judgment: Article 10(5) and (1) of the former Act on the Protection of Juveniles against Sexual Abuse (wholly amended by Act No. 8634, Aug. 3, 2007); Article 297 of the Criminal Act (Provided, That the upper limit of punishment shall be governed by the main sentence of Article 42 of the former Criminal Act (wholly amended by Act No. 10259, Apr. 15, 2010; hereinafter the same shall apply) 1 and 2 of the former Act on the Protection of Juveniles against Sexual Abuse (wholly amended by Act No. 8634, Aug. 3, 2007)

Article 10(2), Article 298(2) of the Criminal Act, Article 298(2) and 3 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes: The attempted rape in Article 7(2) of the former Act on the Protection of Juveniles from Sexual Abuse (wholly amended by Act No. 9765 of Jun. 9, 2009), Article 298(Optional Selection) and 4 of the Criminal Act: Addenda of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 9765)

4.15.15.) Article 4 of the former Act, Article 5(10) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258 of Apr. 15, 2010), Article 12 and Article 8-2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 and No. 5 of the Criminal Act: The attempted rape under Article 7 (5) and (1) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 9765 of Jun. 9, 2009), Article 7(2) of the former Act on Special Cases concerning the Punishment, etc. of Juveniles from Sexual Crimes, Article 297 and 6 of the Act on Special Cases concerning the Protection, etc. of Juveniles from Sexual Crimes (amended by Act No. 9765 of Jun. 9, 2009).

4.15.15.) Article 4 of the former Act, Article 6(2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 5(10) of the former Act on the Punishment, etc. of Sexual Crimes (amended by Act No. 10258 of Apr. 15, 2010) and Article 6(2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and Article 298 and 8 of the Act: Rape of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10

15.) Article 4 of the former Act, Article 8-2(1) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (amended by Act No. 9110 of Jun. 13, 2008), Article 297 and Article 297 of the Criminal Act and Article 4(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act and Article 10 of the Act on the Indecent Act by compulsion No. 10 of the sight table: A rape in Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 (Selection of Imprisonment), and Article 297 of the Criminal Act

1. Statutory mitigation;

Articles 10(2) and (1) and 55(1)3 of each Criminal Code.

1. Aggravation of concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act / [Aggravation of concurrent crimes with punishment provided for in the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (Minor Rape, etc. under thirteen years of age)]

1. Order to complete programs;

The main sentence of Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. An order for disclosure;

• Crimes Nos. 3, 4, 5, and 6: Article 3(4) and (5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 10391, Jul. 23, 2010); Article 38(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 37(4) of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 8634, Aug. 3, 2007; personal information provided to an order to disclose is limited to perusal information prescribed in the above paragraph) (Article 38(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 37(4) of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 10391, Jul. 23, 2010);

1. Medical treatment and custody;

Article 2 (1) 3 of the Medical Treatment and Custody Act

1. Orders to attach an electronic tracking device;

1. Reasons for sentencing under Articles 5(1)3 and 4, and 9(1)1 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders: Imprisonment with prison labor for not less than 3 years and not more than 6 months but not more than 11 months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes (an offence No. 8 in the table of sight);

[Determination of Type] Sex Crime Group, General Criteria, and Type 4 among sex crimes subject to age 13

【Special Convicted Persons】

- Mitigation elements: mentally ill-minded persons (no one shall be responsible);

- Aggravations: Continuous and repetitive crimes against multiple victims

[The scope of the recommended sentence] 9 to 13 years (aggravating area)

(b) Concurrent crimes 1 (An offence Nos. 9 in sights);

[Determination of Type] General Criteria for Sex Offenses. Type II among the crimes of rape (subject to at least 13 years of age)

【Special Convicted Persons】

- Mitigation elements: mentally ill-minded persons (no one shall be responsible);

- Aggravations: Continuous and repetitive crimes against multiple victims

[The scope of the recommended sentence] Six to nine years (aggravating area)

(c) Concurrent crimes 2 (Offences No. 11)

[Determination of Type] General Criteria for Sex Offenses. Type II among the crimes of rape (subject to at least 13 years of age)

【Special Convicted Persons】

- Mitigation elements: mentally ill-minded persons (no one shall be responsible);

- Aggravations: Continuous and repetitive crimes against multiple victims

[The scope of the recommended sentence] Six to nine years (aggravating area)

(d) Criteria for handling multiple crimes: A weapons (the lowest limit shall be nine years, which is the lowest limit of a basic crime; the upper limit shall be 13 years, which is the maximum limit of a basic crime; 1/20 years, which is the maximum limit of a basic crime; 4 years and six months, which is the sum of 1/3 of the maximum limit of a sentence range of a concurrent crime 1; and 20 years and six months, which is the sum of 1/3 of the maximum limit of a sentence range of a concurrent crime 2; and 15 years, which may be selected for life, as the result of an increase exceeds 15 years);

(e) Scope of revised recommendations: Imprisonment with prison labor for not less than nine years but not more than eleven years and not more than three months (in consideration of the upper limit of punishment);

(f) Concurrent crimes with other crimes for which the sentencing criteria are not set: No sentencing criteria is set for each of the crimes of violation of the Act on the Protection of Juveniles against Sexual Abuse (Juvenile Rape, etc.) against the victim ○○, who is concurrent crimes, and the crimes of No. 4 and No. 5;

3. Determination of sentence;

The crime of this case committed by the defendant is very serious in nature in light of the following: (a) the victim has induced the victims to a hostile place; (b) assault and intimidation the victims to commit rape, indecent act by compulsion, or attempted rape; (c) all victims were female children and juveniles under the age of 11 to 17; (d) the defendant has threatened the victims with deadly weapon, such as a knife, etc.; and (c) the victims have induced the victims to a remote place, and sexual assault, etc. after having induced them to a remote place; and (d) the victims have committed the crime of this case. The crime of this case seems to have been committed by the defendant, and it appears that the victims ageed up to 12, were sexual impulses with the defendant due to the defendant's criminal act; and (d) considering that the defendant did not reach an agreement with the victim, it is inevitable to punish the defendant seriously. However, considering the fact that all criminal facts have been led to confession, taking into account the circumstances favorable to the defendant, the sentencing guidelines and methods of the defendant, and all other methods of the crime.

Registration of Personal Information

In a case where a conviction is finalized on the facts constituting the crime Nos. 3, 4, 5, 6, 9, 10, and 11 against the defendant, the defendant constitutes a person subject to registration of personal information pursuant to Article 32 of the former Act on the Protection of Juveniles against Sexual Abuse (wholly amended by Act No. 9765 of June 9, 200; hereinafter the same shall apply) and Article 33 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, the defendant is obligated to submit personal information to the competent authority pursuant to Article 33 of the former Act on the Protection of Juveniles against Sexual Abuse and Article 34 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Justices Kim Jong-ap

Judges Noh Jeong-hee

Judges Park Young-chul

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.