Defendant

Lee Don-hee (Public Prosecution) and sexually sicks (public trial)

Attorney Im Im Im Han-woo

A defendant shall be punished by imprisonment for three years.

except that the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

The defendant shall be ordered to take a lecture for sexual assault treatment for 80 hours and provide community service for 120 hours.

97,500 won shall be additionally collected from the defendant.

From July 2006, the Defendant, from around January 2006, was in close to the victim’s Nonindicted Party (the age of 40) and the relationship between the victim’s Nonindicted Party (the age of 40), but continued to be in close to her friendship on January 2008. As such, the Defendant, who was under a prescription and preparation for the Defendant’s treatment, lost the Defendant’s mind of eating at a stroke-m, which is a psychotropic drug that had been prescribed and prepared for the Defendant’s treatment of stroke, and had the victim lose the Defendant’s mind of eating, and had

1. Violation of the Act on the Control of Narcotics, etc., such as rape and injury;

On December 16, 2012, the Defendant: (a) while carrying the victim on the Defendant’s vehicle at the Daegu City, Daegu City, where he was carrying the victim on the Defendant’s vehicle at night around December 16, 2012; and (b) using the cresh in order to get the victim to the toilet, the Defendant used the cresh in order to put the victim into the toilet, and laid down the 1.5 minutes of the water exemption “stroked” which the victim had been prepared in advance to the coffee, and had the victim know of the fact.

At around 23:00 on the same day, at around 01:00 on the following day, the Defendant inserted the coffee containing the stroke-mm in the “○○○○○○○○○○○○” near the Southern-gu Southern-gu, Daegu-gu, with the Defendant’s sexual organ into the part of the victim who was unable to resist.

As a result, the Defendant used a psychotropic drug strokem even though he is not a narcotics handler, and used it at the same time, and raped the victim's resistance, and suffered injury to the victim by getting the victim sleepd.

From that time until June 2015, the Defendant used a psychotropic drug stroke-m, even though the victim was not a person dealing with narcotics at the same time, by making the victim strokely drinked a coffee containing stroke-m, and raped the victim, and at the same time he was not a person dealing with narcotics.

2. Injury by force or violation of the Act on the Control of Narcotics, etc.;

On March 20, 2013, while the Defendant was carrying the victim on the Defendant’s vehicle in Daegu City, the Defendant laid down the 1.5 minutes of “stroked” which the victim had been prepared in advance on a coffee where the victim was strokeed by using the stroke in order to get the victim to the toilet, and let the victim stroke it down.

At around 23:00 on the same day, the Defendant: (a) from the “○○○○○○○○○○○,” near the Southern-gu Southern-gu, Daegu-gu, on the following day, entered a stroke-mm, lost the mind of the victim; (b) became the chest of the victim in a state of failing to resist; and (c) included the victim’s knife in the part of the victim.

As a result, the Defendant forced the victim to commit an indecent act, caused the victim to be locked by the strokem, and at the same time used psychotropic drugs strokem even though the victim was not a narcotics handler.

In addition, from that time until April 20, 2015, the Defendant used psychotropic drugs stroke-m even though the Defendant had the victim drinked a coffee containing stroke-m, and forced the victim to commit an indecent act by force, and at the same time had the victim lose consciousness, and was not a narcotics handler.

1. Defendant's legal statement;

1. The police statement of the Nonindicted Party

1. A report on internal investigation (a single record sent by the victim Nonindicted Party to the mail);

1. Requests for appraisal;

1. Article applicable to criminal facts;

Articles 61(1)5, 4(1)1, subparagraph 3 (d) of Article 2 of the Narcotics Control Act, Article 301, and Article 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same shall apply), Articles 301, and 297 of the Criminal Act (amended by Act No. 11574, Dec. 18, 201; hereinafter the same shall apply), Articles 301, and 297 of the former Criminal Act (amended by Act No. 1574, Feb. 1, 201); Article 301 of the former Criminal Act; Article 298 of the Criminal Act (amended by Act No. 1550, Feb. 1, 201); Articles 301, and 298 of the former Criminal Act (amended by Act No. 1550,

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the crime of violation of the Act on the Control of Narcotics, etc. and the crime of bodily injury resulting from rape, the punishment imposed on the crime of causing serious rape, the violation of the Act on the Control of Narcotics, etc. and the crime of causing bodily injury resulting from indecent act by force, and the punishment imposed on the crime of causing serious indecent act by force)

1. Selection of punishment;

Selection of each limited term sentence

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravated Punishment concerning Rape and Injury resulting from Rape committed on June 2015, which is the most severe offense and offense) of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act (The following circumstances considered as favorable to the reasons for sentencing)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following factors shall be considered as being favorable for the Sentencing)

1. Orders to provide community service and attend lectures;

Article 16 (2), (3), and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

(Used stm 19.5 x 5,00 won = 5,00 won =97,500 won)

1. Exemption from an order for disclosure and notification;

In light of Articles 47(1) and 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 [it is difficult to readily conclude that the defendant has the habition of sexual crimes or the risk of recidivism in light of the background of the crime in this case and the relationship with the victim, etc., and other various circumstances, such as the profits and the effect expected by the disclosure order or notification order, disadvantage and side effects therefrom, it is deemed that there are special circumstances that the disclosure or notification of the personal information of the defendant should not be made.]

Where a judgment of conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant is a person subject to registration of personal information pursuant to the main sentence of 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 agency pursuant

1. The scope of punishment by law;

From June to June 22

2. Scope of recommendations according to the sentencing criteria;

(a) Basic crimes and offences 1, 2;

[Determination of Punishment] In the event of a result of injury to a sex crime>

[Special Convictd Persons] Reductions: Non-Mitigation of Punishment

[Scope of Recommendation] Two to Five years (Discretionary)

[General Aggravation] Aggravations: In the case of rape by causing planned crimes or mental or physical disorder;

(b) Scope of recommendations based on the standards for handling multiple crimes: Imprisonment for two years and six months to nine years (five years, the upper limit of the recommended punishment for basic crimes + imprisonment for two years and six months, 1/2 of the upper limit of the recommended punishment for primary crimes + one year and eight months, 1/3 of the upper limit of the second crime);

3. Determination of sentence;

From December 2012 to June 2015, the Defendant used the victim’s stroke-m from around 2012 to around 2015, and caused the victim to lose his mind, and used the stroke-m so that the victim sexual intercourses or commits an indecent act against the victim by using the stroke-m. The victim was at risk of daily life due to the aftermathing during several days. The victim was responsible for having sexual intercourse with the Defendant, who is not a regular person, and did not go against himself/herself with mental and physical problems. As can be seen, the Defendant’s criminal nature and criminal intent as indicated in the period and frequency of the crime, the circumstances and motive of the crime, etc. are very poor, which is disadvantageous to the Defendant.

However, most of the crimes have been led to a record of favorable circumstances, such as the confession from the investigative agency, the fact that the defendant does not want the punishment of the defendant by agreement with the victim, the fact that the defendant had a relationship with the victim before the crime was committed, the defendant had no criminal record other than the penalty power, and the defendant has no record of the same kind of power.

In addition, the sentence shall be determined as ordered by comprehensively taking into account all the sentencing conditions specified in the arguments in this case, such as the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, and the execution of the sentence shall be suspended at least once.

[Attachment]

Judges Choi Young-young (Presiding Judge) Lee Chang-won