2014Gohap229 Rape, Violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.)

Gamb○ (1984.00) Construction

Park Sang-hoon (Criminal Prosecution) and Voluntary (Public Trial)

Attorney Cho Han-hoon

May 18, 2015

A defendant shall be punished by imprisonment for three years.

The defendant shall order the completion of the sexual assault treatment program for 80 hours.

The excessive one (No. 1) seized shall be confiscated.

Criminal facts

On March 2014, the Defendant committed the following crimes when the Defendant was living together with the victim for about two months since around 2014, at the time of his/her school attendance from around 200 to around 11, 2013, and the victim was demanded to be hedging against the Defendant, and the Defendant avoided his/her meeting with the Defendant.

1. Rape;

At around 04:00 on November 3, 2014, the Defendant found the victim’s residence in Jeju-ro ○○○○○○○○○○○, located in Jeju-do, and took the first race, and “The Defendant saw the victim as knife for the first time, e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e. the son.).

2. Violation of the Punishment of Violences, etc. Act (Intimidation against groups, deadly weapons, etc.);

At the above date, at the above time, the Defendant, after rapeing the victim as above, has taken down such low stories into the victim, and taken off those stories, which are dangerous objects within the Defendant’s sporade (12.5cm in the blade length, 25cm in the total length) to the victim, and has expressed the victim “the knife has been dead,” and has expressed that “the knife in the knife of the knife of the knife in the knife of the knife” would inflict any harm on the victim’s life or body.

Summary of Evidence

1. Legal testimony at each of the △△△△△△△, Kim ○, Kim ○, Kim △, and Kim △△;

1. Seizure records;

1. A report on the occurrence of a crime, joint appearance prepared by a suspect, investigation report (verification of the status of damage and protective measures);

Related), 2014- M-35138, 35139), 201 report (the result of the appraisal)

1. Investigation reports (Assaults, etc.), investigation reports (Attachment to a copy of the lease contract of real estate), and investigation reports (related agencies);

In addition, an investigation report (as to the attachment of the 112 Reporting List), an investigation report (as to the attachment of the 112 Reporting List), an investigation report (as to the criminal exit

Attachment of photographs taken by a suspect, investigation report (Attachment of 00 ○○ CCTV data), investigation report (in addition to a suspect)

Crime-related, CCTV data attached), investigation report (Attachment of a victim's diagnosis report), and each accompanying document;

Application of Statutes

1. Article applicable to criminal facts;

Article 297 of the Criminal Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act

HS Heading, Article 283(1) of the Criminal Act (the point of intimidation by carrying a deadly weapon)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

[Aggravation of concurrent Crimes]

1. Order to complete programs;

The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Exemption from an order for disclosure and notification;

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, children and juveniles;

The proviso of Article 49 (1) and the proviso of Article 50 (1) of the Act on the Protection of Sexual Abuse.

It is difficult to readily conclude that there is no record of punishment, and thus, the risk of sexual assault or recidivism is likely to be committed.

In light of the circumstances of the crime of this case, the registration of personal information and the treatment program for sexual assault.

the defendant's participation alone appears to have the effect to prevent the defendant from repeating the crime;

In addition, the profits expected by the disclosure order or notification order of this case and the effects of the prevention thereof.

In full view of all circumstances, such as disadvantages and side effects caused by the disclosure and notification of personal information.

There is a special reason that there is no such special circumstance.

Registration of Personal Information

Where a conviction is finalized on the crime of rape in the judgment that is a sex offense subject to registration, the accused is the winner of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act.

Judgment on the argument of the defendant and defense counsel

The defendant and his defense counsel acknowledged the fact that the defendant pusheds the victim who want to know about the victim's house at the time and place of the crime of this case. However, in order to prevent the victim's self-harm, the defendant's knife a knife away from the floor of this case, and brought the victim away from the floor of this case and brought the knife to the knife, and then sexual intercourse was established under the agreement with the victim, and there was no fact of intimidation or rape of the victim.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the above assertion by the Defendant and the defense counsel should not be accepted, since the Defendant was admitted as having committed rape once, shown knife and threatened the victim.

① From March 2014, the Defendant and the victim lived together with studio, which is the place of the instant case. However, on June 27, 2014, the Defendant succeeded to KRW 2 million of the studio deposit to the victim, and the Defendant started to move to the studio of the instant studio of the victim, from the time when the studio was newly prepared in the name of the victim.

② Even after the completion of the relationship with the Defendant and the victim living together, the Defendant appears to have continued conflict by the date of the instant case, such as demanding the victim to return the money and the scambling in connection with the liquidation of the relationship.

③ According to the police investigation report (No. 140 pages of the investigation records), on October 24, 2014, a resident of 605 of the same floor at the same time as the place of the residence of a person who has suffered from a new wall left the phone at the management office, and calls from the 6th floor of the sixth floor to the management office that the string of the entrance and exit of the studio gate in the 6th floor, and the number of the studio gate gate in the 2013:45 minutes from October 24, 2014 to 03:58, from October 24, 2014, it is highly probable that the Defendant destroyed the studio gate and the number of the victim on October 24, 2014, because it was confirmed that the Defendant was unable to use the studio gate number.

④ On November 3, 2014, the day of the instant case, the Defendant visited the studio of the victim around 02:27 to 02:46, around 02:50, from around 03:0 to 03:06, but the Defendant went back to the studio of the victim because of the victim’s absence. In other words, the Defendant appears to have been suffering from the victim, such as visiting the studio of the victim’s house around 03:21.

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⑤ At least three clocks on the date of the instant case, the victim stated in the investigative agency and this court that “the victim, in lieu of the victim, has opened a door to open the door, and carried the door into the door by putting the victim’s name into the door, by putting him/her head, and by taking the knife at one time after rape on the knife on the knife,” and intimidation the victim, “I want to see the knife of the knife of the knife of the knife of the knife of the knife,” and the statement was made to the effect that “the victim has been threatened.” The content of the statement is considerably detailed and consistent in itself.

(6) On November 3, 2014, around 03:39, when the Defendant entered the house, the victim requested ○○○ to send the word “112” to her former ○ on November 3, 2014. On a similar point of view, Kim △△△△△△, which was living on the same floor as the victim and on the upper upper floor of the same floor as she was in the same place as she was in the middle place, and the department was in a large amount with sound, and it stated that there was a serious situation to consider whether to report to the police, and therefore, it is consistent with the victim’s statement.

7) The form and degree of blood transfusion, which remains around the victim immediately after the instant case, is difficult to see that the victim was temporarily contacted in the process of pushing the victim as alleged by the Defendant, and it appears that the Defendant was generated in the process of cutting the victim's trees, such as the victim's statement.

8) At around 06:49, the victim sent to ○○○, immediately after the Defendant was bleep, the word “ .” and sent the pictures of the instant site as soon as possible, along with the pictures of the instant case. At the time, the pictures of the instant site are still behind, and there is a high possibility of considerable dispute between the Defendant and the victim, on the ground that there are still many things distorted.

9) On the day of the instant case, the Defendant visited the victim’s studio again at around 16:55 p.m. on the day of 16:55 p.m., “I do not have any shot and living there at a single string of the crime.” “I do so. I wish to see this hye. hye. hye. this hye. hye. hye. hye. hye. hye. hyeh. hyeh. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h.

(1) Once reporting, the victim was made by an investigative agency, immediately after the victim was investigated, the victim was forced to prohibit the access of the defendant; the defendant was not required to reach an agreement, etc.; the defendant under detention was requested to visit the defendant or submit a written application for coal requested by the mother of the person under detention; and thus, the victim is not found to have any motive or reason sufficient to file a false complaint against the defendant.

Reasons for sentencing

1. Scope of applicable sentences by law: Three to forty-five years; and

2. Application of the sentencing criteria;

(a) A primary crime;

【Determination of Punishment】

Type 1 (General Rape) for rape (subject to the age of 13 or more) in general standards;

[Scope of Recommendation] Basic Field, 2 years to 5 years

(b) Second crimes;

【Determination of Punishment】

Types 4 (Special Intimidation) (Aggravated Intimidation)

[Scope of Recommendation] Basic Field, six months to one year and six months;

【General Convicts】

- Aggravations: planned crimes

C. Final scope of sentence

Many crimes aggravated (the first crime maximum + the second crime maximum 1/2): From June to September 2

3. Determination of sentence: Imprisonment with prison labor, three years, order to complete sexual assault treatment programs 80 hours, and confiscation;

It is very good that the Defendant committed the crime of rape and intimidation with deadly weapons in this case against the victim while the Defendant was unable to accept the judgment with the victim and demanding an economic liquidation, and committed the crime of intimidation and intimidation with a deadly weapon. The victim appears to have received a considerable mental impulse. The victim in this case appears to have been subject to considerable mental impulse, and the Defendant merely criticizes the victim from denying the crime in this case, and in this case, the Defendant’s family, person, workplace, etc. found in the victim’s family, person, etc. and caused secondary damage to the victim by allowing the victim to talk about the crime in this case. Ultimately, according to the fact that the Defendant did not receive the victim from the victim, the Defendant cannot be held liable corresponding thereto.

However, the defendant has no record of having been punished for sexual crimes in the past and has no record of being sentenced to a fine exceeding the fine, the mother of the defendant paid approximately three million won to the mother of the victim, etc. under the pretext of agreement in relation to this case, and all sentencing factors specified in the arguments of this case, including the defendant's age, character and conduct, family environment and circumstances after the crime, shall be comprehensively taken into account.

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

(Presiding Judge)

Manyman;

Jinsia