2015 Gohap271 - 1,382 (Consolidation)

(a) Injury by indecent act by indecent act (a recognized name of a crime);

(b) Indecent acts;

(c) Violation of the Act on the Control of Narcotics, etc.;

(d) Violation of the Employment Security Act;

(e) Violation of the Music Industry Promotion Act;

2015. Written order for attachment (Joint)

Persons whose attachment order is requested;

(a) b. (c) A;

Park Jae-hun (Criminal Prosecution) and Lee Jin (Public Trial)

Law Firm (private ships for Defendant A)

Attorney Lee In-bok

9 persons

November 17, 2015

A defendant shall be punished by imprisonment for two years.

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

The seized stroke (Exemptions), 21, 1/2, 200 (Evidence 8), 26, 26 (Evidence 19), 5 (Evidence 43), 5 (Evidence 44), 5 (Evidence 45), 1 (Evidence 48), 1 (Evidence 49), 1 (Evidence 49), 1 (Evidence 50 to 52), 1 metreging (Evidence 49), 1 metreging (Evidence 50 to 52) shall be confiscated respectively from the Defendant.

348 won shall be additionally collected from the defendant.

The request for the attachment order of this case is dismissed.

Criminal facts

The defendant is a person who operates a news report room "B" in the 46-lane of Gangseo-gu Seoul Airport, Gangseo-gu, Seoul. C is a person who is living together with the defendant, and the victim D is a singing room employed by the defendant.

1. The defendant's sole criminal conduct;

(a) Indecent acts by compulsion;

On May 20, 2015: (a) around 00, the Defendant was waiting with the victim at the above sidewalk office, and was in contact with the games E from the rear line of the Defendant, 'B located in Gangseo-gu, Gangseo-gu, Seoul, 60-ro, G, and became the instant singing practice room, along with the victim. (b) At around 06:0 on the same day, the Defendant: (c) around 06:0 on the same day, the Defendant her talked with the singing practice room; (d) her playing in the above singing practice room, and (e) her playing in the Defendant’s rear line with the Defendant’s rear line, her face was knifeed by hand; and (e) her her knife and her knifeed with his female.

2) At around 08:00 on the same day, the Defendant committed an indecent act against the victim by inserting the face of the victim who was seated next to the Defendant between the Defendant and his singing, etc. in the instant singing practice room.

(b) Violation of the Act on the Control of Narcotics, etc. ( natives);

On May 21, 2015, at around 05: 40 : B, the Defendant used the instant singing practice room president and the alcohol, and was waiting for the victim to expire, but was moved to the said news room at around 08:00 on the same day with the victim, when he/she was waiting for the victim to expire.

On the same day 08: At around 30 days, the defendant added a victim who is trying to give an opportunity to go with the above sidewalk, and lastly ordered the victim to sit in the table of the ward, and caused the victim to sit in the table of the room, and after dilution of the hot ginseng in the air conditioning room for employees, and the stroke and stroke, which contain a stroke mm containing psychotropic drugs, carried the hot water into a ward, and the victim caused the victim to lose the food of Mapping.

In addition, around that time, the defendant was injured by the victim's face and head, the victim's chest was taken, and the victim's hair, face, and chest was continuously taken for about 42 days to the victim, such as the victim's head, face, and fry fry, the fry fry fry, the fry fry, and the fry fry fry, etc.

Accordingly, although the defendant is not a narcotics handler, he used a psychotropic drug strokem, and inflicted an injury on the victim.

2. An open criminal conduct with the accused and C;

The defendant and C are those who operate the news report room with the trade name of "B", and the defendant is the owner of the above news report room, and C plays the role of providing meals to women and young citizens.

Around 00:00 on July 8, 2015, the Defendant and C agreed to conduct fee-charging job placement services without filing fee-charging job placement services, and around 00: Around 00, hereinafter referred to as "F, located near the 60-lane of Gangseo-gu Seoul Metropolitan Government," introduced female helpers G to a singing room by advertising rice Luxembourg, and offered fee-charging job placement services to receive KRW 7,000 per hour from the above female helpers. From July 1, 2015 to the above temporary date, the Defendant and C waiting together with female helpers recruited by advertising rice Luxembourg in the above news room office, and sent them to a singing room using the Haw-ho vehicle, and then introduced female helpers to the singing room, and then 1,700,000 won per day after receiving KRW 1,00 in the name of introduction expenses from female helpers, and 300,000 won per day average profits.

" 2015 Gohap382

3. The defendant's sole criminal conduct;

(a) Sheet medication;

The Defendant is not a narcotics handler.

Nevertheless, on June 2015, the Defendant put the psychotropic drugs in a stroke-m containing stroke-m, which are psychotropic drugs in possession of a stroke-m containing stroke-m, from 00 roads to the airport of Gangseo-gu, Seoul, which is the residence of the Defendant, in the middle of 2015.

Accordingly, the Defendant administered a psychotropic drug via the stroke method.

(b) Possession by stroke method;

The Defendant is not a narcotics handler.

Nevertheless, around July 2015, the Defendant kept 47 and 1/2 of the stroke-type therapy containing stroke-type ingredients from stroke-type entertainment receptioners in the name of the Defendant’s residence air conditioners until July 21, 2015.

Accordingly, the Defendant possessed a psychotropic drug strokem.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

Article 298 (Indecent Act by Indecent Act, Selection of Imprisonment), Article 257 (Indecent Act, Selection of Imprisonment), Articles 61 (1) 5, 4 (1), and 2 subparag. 3 (d) of the Act on the Control of Narcotics, Etc. (the use, medication, possession of a stroke method, choice of imprisonment), Articles 47 subparag. 1 and 19 (1) of the Employment Security Act, Article 30 of the Criminal Act (the appointment of imprisonment, inclusive, with labor), Article 30 of the Criminal Act (the appointment of imprisonment with labor)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Crimes) of the Criminal Act shall apply mutatis mutandis.

20. 08: Between the concurrent crimes with the punishment prescribed in the crime of indecent act by compulsion committed around 00; and

1. Order to complete programs;

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 (Evidence 43 through 45, 48 through 52)

Main sentence of Article 67 of the Narcotics Control Act (No. 8, 19)

[Attachment Nos. 1, 7, 21, 35, 36, and 40 of evidence 1, 7, 21, 36, and 40 are sought by a prosecutor, but these articles are not related to the criminal act of this case, or are not deemed necessary to be confiscated as they are subject to voluntary confiscation

1. Additional collection:

proviso to Article 67 of the Act on the Control of Narcotics, Etc. (174 won at the market price of one drug containing stroke-m x 2 x 2 m)

Judgment on the defendant's and his defense counsel's assertion

1. Summary of the defendant's assertion

A. As to each indecent act by compulsion, the Defendant committed an indecent act by compulsion with the victim and the following I. However, the Defendant did not commit an indecent act against the victim.

B. As to the use of a stroke-m, the Defendant, along with the victim, inflicted an injury on the victim due to a dispute over drinking alcohol, but there is no fact that the victim drinks by stroke-m.

C. While committing a crime with respect to 21 and 1/2 of drugs stored in the Tongmmmmm as indicated “stroke,” among the possession of a strokem, it was not known that the drug was psychotropic drugs with respect to 26 drugs contained in a vinyl bag as indicated “gal stability.”

2. Determination:

A. As to each indecent act by compulsion

The following circumstances acknowledged by the evidence revealed as follows: (i) the defendant and one female who is the victim, the defendant I and I, together with the victim, and one female who is the will of I; (ii) the witness I stated in this court that the defendant and the victim were seated in the side of each other; (iii) the victim and the victim were present in the singing room for more than one hour; (iv) the victim was present in the singing room; and (v) the victim made a statement that he had been present out of the singing room to the effect that he had first left the singing room (at the police station, the victim took out the singing room first); and (v) the victim stated that the victim was sexually committed in the singing room along with the defendant from the early stage of the investigation to this court by means of inserting his own singing; and (v) the victim did not receive any fee, and therefore the victim committed the same act.

In full view of the following facts: (a) I think of, and stated that the Defendant had no interest in, and made a statement to the Defendant; and (b) the Defendant was also aware of the fact that the Defendant divided the victim into the victim and the charge-sharing; (c) The victim’s partial statement about the circumstances at the time differs from the victim’s statement, but the credibility of the victim’s statement about the indecent act in this part can be recognized; and (d) the Defendant’

B. As to the use of a stroke method

Based on the aforementioned evidence, the following circumstances are acknowledged: (a) the victim stated that the Defendant was drinking the red dust from the early stage of the investigation; (b) the victim was found from the blood of the victim appraised by the victim on May 23, 2015, which was after the date of the investigation; (c) the victim was faced with the Defendant if the victim did not receive any exemption from the water, and the victim did not have any good reason for diving at the sidewalk office other than his own house; and (c) even according to C’s statement, the victim was able to accept the Defendant’s assertion on the following grounds: (a) if the victim did not have been exempted from drinking, it was hard to explain that the Defendant was drinking for a long time without going through singing, and (b) the victim did not have any other reasons for smoking; and (c) even if the victim’s statement was made, the victim did not want to sleep and drinking water, and thus, the victim did not accept the Defendant’s assertion that the Defendant was drinking.

C. As to the possession of a strokem

According to the above evidence, the defendant recognized the fact that he stored stroke, which is a drug containing stroke m, in the sidewalk office, and administered such drug. The defendant's stroke m is detected at the defendant's stroke m; the defendant's stroke m was stored for use by the defendant or a person living in the sidewalk office; the defendant stated that he received the drug contained in the plastic bag, which was located in the plastic bag, at the prosecutor's office, from about three years prior to the stroke m, and the appearance of the above drug was similar to "stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke, and the defendant's assertion cannot be accepted, taking full account of the following facts:

Reasons for sentencing

1. The scope of punishment;

Imprisonment with prison labor for not less than one month but not more than fifteen years;

2. Scope of the recommended sentencing criteria; and

(a) Crimes of injury;

[Determination of Type] Violence Crime Group, General Injury, Type 1 (General Injury)

[Special Aggravationd Persons] Aggravationd - Serious Injury

【Determination of Recommendation Area】 Aggravation

[Scope of Recommendation] Imprisonment with prison labor for not less than six months but not more than two years

(b) Violation of the Act on the Control of Narcotics, etc. ( nativeity);

[Determination of Type] A narcotics crime group, medication, simple possession, etc. (ma) No. 2 (ma) (a special person for appearance)

【Determination of Recommendation Area】 Basic Area

[Extent of Recommendation] Imprisonment with prison labor for not less than six months but not more than one year. Each indecent act by compulsion.

[Determination of Type] Sex Crime Group, General Standards, Crime of Indecent Act by Compulsion (subject to 13 years of age or older), Type 1 (General Rape)

[Special Emotionals] Reductions - Where the degree of indecent conduct is weak

[Determination of the recommended Area] Reduction Area

[Scope of Recommendation] Imprisonment with labor for not more than one year

(d) The standards for handling multiple crimes: Imprisonment with prison labor for not less than six months (the lowest limit of the recommended punishment shall be observed since there is a violation of the Criminal's Vocational Work Proposal Act for which the sentencing criteria are not

3. Determination of sentence;

There are circumstances unfavorable to the Defendant, such as the following: (a) the Defendant, employed by himself, drinked a drug containing the composition of a strokem, and inflicted an injury on the victim with a heavy treatment period of up to six weeks; (b) the Defendant’s indecent act by compulsion appears to have a strong sexual humiliation and mental shock; (c) the victim was not recovered from the victim’s damage; (d) the victim was seeking to punish the Defendant’s severe punishment; and (e) the Defendant continued to engage in news reporting business even though he had been punished twice as a crime of violating the Employment Security Act.

However, considering the circumstances favorable to the defendant, such as the fact that the extent of indecent act by compulsion committed by the defendant is not much serious, and the fact that the gains acquired by the defendant through paid job placement are not significant, etc., the punishment shall be determined like the order, comprehensively taking into account the defendant's age, character and conduct, family environment, motive for committing the crime, circumstances after committing the crime, etc., and the sentencing guidelines as shown in the arguments of

Registration of Personal Information

When a conviction on a crime in the judgment becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and shall submit personal information to the competent agency pursuant to Article 43

In full view of the criminal records of the Defendant’s exemption from disclosure and notification order, the background of the instant crime, the circumstances after the instant crime, the Defendant’s age, occupation, home environment, and social relationship, and the disclosure and notification order, there are special circumstances where disclosure or notification of the Defendant’s personal information may not be disclosed or notified.

Parts of innocence

1. Summary of this part of the facts charged

The Defendant, at the time and place specified in Article 1-2(b) of the criminal facts stated in the judgment, divided the beer with the victim into money, and made a conversation with the victim, and does not refuse to do so with the Defendant any longer from the victim.

At the time of hearing the horses to the purport, the psychotropic drugs, which were in possession of fluoral m due to stroke or square stroke, "stroke m", "stroke m", was committed by melting the victims in the red-strokeed amount, so that the victims lose their mind and caused the victims to be unable to resist, thereby committing indecent acts by force.

Therefore, the Defendant, as stated in the facts of the crime No. 1-B. 1-B. as indicated in the judgment, lost the awareness of the victim, injured the victim, sustained the victim by cutting off the victim's head, face, and scarb, and scarb, thereby preventing the victim from resisting the victim, and then prompting the victim's chest, kid the victim's chest, and kid the victim's chest with the Defendant's sexual organ part, and kid the victim by using raining the part of the victim's negative part with the Defendant's sexual organ; and 1-B. As stated in the facts of the crime No. 1-B.

2. Defendant's assertion;

Although there is a dispute over drinking together with the victim that the defendant inflicted an injury on the victim, there is no fact that the defendant forced the victim to commit an indecent act.

3. Determination

The records of the instant case and the following circumstances acknowledged by the witness’s testimony. ① The victim did not notify the police officer called into the J Hospital emergency room on May 22, 2015, when contact with the Defendant and C, and did not inform the Defendant that he was forced to commit indecent act by force from the Defendant. On June 2, 2015, when the first police officer made a statement on June 25, 2015, the victim stated that rape was doubtful until the police officer on June 25, 2015, and the victim stated that he was summoned to have been forced to commit indecent act by force from the Defendant. ② On May 23, 2015, the title of the instant case, 205, the victim did not ask the Defendant for an indecent act by force on the face of the victim (at the time of the instant case, the victim did not appear to have been compelled to have been asked to have the victim's face at the time of the instant case. ④ The victim did not have any other evidence to be asked to the victim at the time of this case.

3. Conclusion

Thus, this part of the facts charged should be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act because it is a case where there is no proof of the crime. However, since the facts charged are included in the facts charged of injury, so long as the above facts charged are found guilty, the judgment

Judgment on the request for attachment order

1. A summary of the cause of request for attachment order;

A person subject to an order to attach an electronic device who has committed a sexual crime on at least two occasions and is likely to recommit a sexual crime in light of the background and method of the crime and the environment and tendency of the person subject to the request to attach an electronic device.

2. Determination

The risk of recidivism of a sexual crime under Article 5(1) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders means that the possibility of repeating the crime is insufficient only by itself, and that there is a considerable probability that the person subject to the request to attach an attachment order may injure the legal peace by committing a sexual crime again in the future. The existence of the risk of recidivism of a sexual crime ought to be objectively determined by comprehensively assessing various circumstances, such as the occupation and environment of the person subject to the request to attach an attachment order, the conduct prior to the crime, the motive and means of the crime, the circumstances after the crime, and the situation after the crime (Supreme Court Decision 201Do82 Decided September 29, 201)

In addition to the two-time indecent acts as stated in the judgment below, the person who requested an attachment order does not have the criminal records of a sexual crime; the above indecent acts by compulsion also committed on the same day; and the Defendant committed an offense committed at the same place; and the Defendant singing and playing in singing together with the victim, his/her own, etc.; thus, such circumstance alone constitutes a sex crime again committed against the person who requested an attachment order.

In full view of the fact that it is difficult to readily conclude that there is a considerable probability, the risk of recidivism by a Korean sex offender against a person who requested an attachment order (KSORAS) appears to be 7 points in total as a result of the evaluation of the risk of recidivism by the person who requested the attachment order, and the fact that if the person whose attachment order was requested is sentenced to a punishment due to the crime of indecent act in this case, it is anticipated that the tendency of the person who requested the attachment order will be partially trained, it is difficult to deem that

Therefore, the request for the attachment order of this case is dismissed in accordance with Article 9(4)1 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.

Opinions on jury verdict and sentencing, etc.

1. A verdict of guilt or innocence;

○ Claim 1-A of the facts charged: Five persons guilty, four persons not guilty.

○-1-b. The injury caused by indecent act under Article 1-2(b) of the facts charged: A whole charge; eight persons guilty only on the part of the bodily injury; 1-b. the part of the charge on the stroke-m: Six persons guilty and three persons not guilty on the part of the charge.

○ Paragraphs 2 and 3-A of the facts charged: Nine persons guilty

○ 3-b. Part on the charge of the charge: Six persons for all or part of the charge, three persons for partial oil.

1. A verdict on the risk of recidivism (the part for which an attachment order is requested);

○ 9 persons who have dismissed his opinion

1. Opinions on sentencing;

○ Imprisonment for a period of two years and six months: Four persons;

0 2 years of imprisonment: 4 persons.

○ One year of imprisonment: It is so decided as per Disposition by one or more persons.

The presiding judge's seat

Judges Kim Jae-in

Judge Lee Ho-hoon