2014Gohap476 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Special treatment on the punishment, etc. of sexual crimes, etc.

Violation of the Funeral Law (Indecent Act by Indecent Act by Relatives)

2014. Consolidated order for attachment

Claimant A

Unconvicteds (prosecutions) and knives (public trials)

Law Firm B, Attorney C

November 7, 2011

A defendant shall be punished by imprisonment for seven years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

An applicant for an attachment order shall be ordered to attach an electronic tracking device for ten years. The matters to be observed in the attached Form shall be imposed on the applicant for the attachment order during the period of the electronic tracking device attachment.

Criminal facts and attachment order-based criminal records

The defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") committed rape of the victim D (the age of 22 at the time) who is a kins, and was sentenced to imprisonment for two years and six months on March 2009 and July 28, 201 to the Busan District Court for the violation of the law in relation to the punishment of sexual crimes and the protection of victims (Rape in relation to relatives).

Criminal facts

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

From March 26, 2012 to April 4, 201 of the same year, the Defendant: (a) parked in the vicinity of the 99 city bus terminals located in the Dong-dong of Busan Metropolitan City from March 26, 2012, around 19:0, the Defendant: (b) directed the Defendant to attend the hospital in which the Defendant’s mother is hospitalized, and to the hospital in which the Defendant’s mother is hospitalized, and (c) sent the victim with the above victim D (nick, 27 years old), and (d) sent the victim to the above place; (b) sent the victim with his own will; and (c) took the victim’s body and the victim’s body were mild with the latter; and (d) sealed the victim’s body and the victim’s body; and (d) sealed the victim into the victim’s body and the victim’s sexual intercourse with the victim’s name, notwithstanding the fact that the victim did not command the victim.

Thus, the defendant raped the victim who is a relative of relatives.

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

On February 1, 2014, the Defendant: (a) at the mother F’s house of the Defendant’s mother F, Busan Shipping, Daegu, Daegu, 107dong 1508, the Defendant: (b) called that the said victim was married, opened a room in which the victim was married, and called “D death,” and was under the influence of her own entry and her female, and was under the influence of her marriage. Accordingly, the Defendant committed indecent act by force by force on the victim, who was in kinship (the facts constituting the cause of

On July 28, 201, the Defendant was sentenced to a punishment for rape with the above victim D, and committed a sex crime committing rape with the same victim again after being inside one year from the date on which the execution of the sentence was completed, and even in 193, the Defendant was ordered to dismiss the prosecution on the ground that the complaint was revoked during the trial due to sexual intercourse with the minor and received a decision to dismiss the prosecution. In light of the fact that there was a history of sex offense against the minor and his/her relatives, and that it again committed the crime of this case during the period of repeated offense, the risk of recidivism exists.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D and G (Provided, That the part concerning D's professional statement of witness G is excluded from the statement of witness G);

1. The prosecutor's statement concerning H;

1. Each report on internal investigation (the sequence 9,10 of the evidence list);

1. Certificates of hospitalization, on-site photographs, etc. and family relation certificates;

1. Records before judgment: Criminal records and other inquiries, investigation reports (Evidence Nos. 28), individual identifications, acceptance status, transfer of disposition and results report (Evidence List No. 32);

1. The risk of repeating a crime in the judgment: The defendant took the victim of his kys as the object of the crime, rapes the victim again during the repeated crime period after release, denies the crime, and the defendant had the record of being dismissed due to the cancellation of the complaint among the facts charged that he has sexual intercourse with the minor, and the risk of repeating a crime is recognized in light of the defendant's age, occupation, environment, motive of the crime, circumstances after the crime, etc.

[Defendant's assertion that the victim would be able to take advantage of the contents of the crime due to mental illness, or make a statement before and after arrival of the case. However, if the victim's statement was consistent with this law by investigative agency to the time and place of the crime, his behavior, response to the victim, etc. ② It is difficult to view that the contents of the crime of this case changed to the place of the crime, the behavior, etc., and the contents of the crime of this case were not known to the victim. As to Article 3(1) of the judgment, Defendant stated that “the victim did not come to the hospital where the victim was hospitalized and necessary to take advantage of the fact that the victim was able to take advantage of the fact that the victim did not have been able to take advantage of the fact that the victim was able to take advantage of the fact that the victim was able to take advantage of the fact that the victim was able to take advantage of the fact that the victim was able to take advantage of the victim's family, and that the victim did not have been able to take advantage of the victim's family.

Application of Statutes

1. Article applicable to criminal facts;

Article 5(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Article 297 of the Criminal Act; Article 5(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a crime by indecent act by blood in relation of relatives)

1. Aggravation for repeated crimes;

Articles 35 and proviso of Article 42 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [Aggravated Punishment within the limit of the proviso of Article 42 of the Criminal Act]

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. Issuing an order to attach an electronic tracking device and matters to be observed;

Article 5 (1) 1 and 3, Article 9 (1) 2, and Article 9-2 (1) 2-2 and 3 of the Act on Probation, Electronic Monitoring, etc. of Specific Criminal Offenders

1. Exemption from an order for disclosure and notification;

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (each of the crimes in this case is a sex offense against a defendant, and the disclosure and notification of the defendant's personal information is likely to be disclosed to the general public who peruses the disclosed and notified information, and thus, there is a special circumstance that the disclosure and notification of the defendant's personal information should not be disclosed or notified.)

1. The scope of punishment;

7 years and 50 years of imprisonment;

2. Scope of recommendations;

0 Basic crime: Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives).

[Determination of Punishment] A sex offense, general standards, rape (subject to at least 13 years of age), Type 2 (Rape in Relation to Relatives)

[Special Aggravations] - Aggravations: Aggravations: Cumulatives of the same kind that do not correspond to special circumstances or special terms;

[General Aggravation] - Aggravations: planned crimes; in the case of crimes by blood or marriage, use of personal trust relationship;

【Scope of Recommendation】

From 6 years to 9 years of imprisonment (Aggravation)

○ Concurrent Crimes: Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Compulsion in Relatives).

[Determination of Punishment] Sex Offenses, General Standards, Crimes of Indecent Act by Compulsion (subject to 13 years of age or older), and Type 2 (Indecent Act by Indecent Act by Relatives)

[Special Aggravations] - Aggravations: Cumulatives not falling under special lectures

- Mitigation elements: where the exercise of tangible power is considerably weak and where the degree of indecent conduct is weak;

[General Aggravation] - Aggravations: In the case of a person of kinship, use of personal trust relationship;

【Scope of Recommendation】

- The range of recommendations according to the standards for handling multiple crimes from one year to six years (minimum limit of basic crimes) per year: Imprisonment of six years (minimum limit of basic crimes) to June 10 (total limit of concurrent crimes + 1/2 of the maximum limit of concurrent crimes);

○ Scope of recommendations modified according to the lower limit of applicable sentences under the law: Imprisonment for a term of seven years to ten years;

3. Determination of sentence: Imprisonment with prison labor for each of the crimes of this case for seven years is that the defendant rapes the victim of his or her assistance in the crime and makes indecent acts by force.

Around July 28, 2008, the Defendant raped the victim who was 22 years of age and was sentenced to imprisonment for 2 years and 2 months, and was released from prison on July 28, 201, and was raped with the same victim on July 28, 201. The victim, despite having to undergo serious post-treatment, such as depression, at the request of the victim’s mother H, was hospitalized in a mental hospital after the previous case, and the Defendant appeared to have been faced with such circumstances. However, even after the release, the Defendant did not reflect his own criminal act and repeated the crime, and the victim aggravated, and the victim was subject to hospital treatment again. Notwithstanding that each of the instant crimes committed by the Defendant was inevitable in view of not only the victim but also the family members of the Defendant and the victim’s family members, by denying the victim’s own criminal act, and thus making it inevitable for the Defendant’s victim to have been punished with severe injury to the victim.

However, the instant crime of indecent act by compulsion was relatively weak in the degree of exercise of tangible force or indecent act, and the Defendant’s support for the aged 86 is considered as favorable circumstances to the Defendant. Other factors such as the Defendant’s age, character and conduct, environment, occupation, motive of the crime, circumstances before and after the crime, etc. are considered in light of various sentencing conditions set forth in the arguments in the instant case.

In addition, it is ordered to complete the sexual assault treatment program for 80 hours in order to reflect and improve the defendant's sexual assault tendency.

Registration of Personal Information

Where a conviction becomes final and conclusive on each of the crimes of this case, which are sex crimes subject to registration under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is subject to registration of personal information under Article 42 (1) of the aforesaid Act and is obligated to submit personal information to the competent agency pursuant to Article 4

Judge of the presiding judge;

Judges Park Jong-chul

Judges Shin Dong-ho