(영문) 부산지방법원 2014.11.7.선고 2014고합608 판결

Disclosure information on the accused shall be disclosed through an information and communications network for ten years, and the notified information shall be notified for ten years.

Reasons

Criminal facts

On August 25, 2014, around 13:40 on August 25, 2014, the Defendant saved the victim from the victim D (Woo, 56 years of age) located in the north-gu C and the second floor of Busan, with a hacker (2cm in diameter, x 2cm in length) which is a dangerous object to rape the victim.

around that time, the Defendant tried to make the victim resist by opening the above gate and leaving the head part of the victim's head head in the air to prevent resistance. However, the victim's escape out of the building did not lead to the wind. During that process, the victim got two open steps that require treatment for about 14 days.

Accordingly, the defendant tried to rape the victim with dangerous things, and attempted to commit rape, and injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each photograph (for example, part of the body, the victim's tyrts, etc. to be asked);

1. A certificate of injury, or records of completion;

1. Each investigation report (the confirmation of the state of victim D, 112 reported cases);

1. To maintain one (No. 1) the chain of decline;

Application of Statutes

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

Articles 8(1), 15, and 4(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act

1. Statutory mitigation;

Articles 52(1) and 55(1)3 (self-denunciation) of the Criminal Act

1. Confiscation;

Article 48(1)1 and 1. Order to complete a program under the Criminal Act

Article 16 (2) (main sentence), (3), and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 59 of the Act on Probation, etc.

1. 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; Articles 49(1)2 and (3) and the main sentence of Article 50(1)2 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Reasons for sentencing

[Scope of Punishment] Imprisonment of 5 years to 15 years

[Determination of Punishment] A sex crime, injury or injury subject to 13 years of age or older, and type 6 (Rape/Special Rape, such as Residence Rape)

[Special Convicts] Where the result of an injury occurred but the basic crime is attempted, the number of persons, the number of persons not to be punished, and the number of persons not to be punished (each mitigated element)

[General Sentencing] Voluntary anti-competences (Mitigations) and planned crimes (Aggravations)

[Scope of Recommendation] Three to nine years of imprisonment (including special mitigation areas, and two or more special mitigation persons, so the minimum of sentence range recommended in the sentencing guidelines shall be mitigated to 1/2)

[Scope of the revised recommended sentence] Imprisonment of five to nine years (which shall be in accordance with the applicable sentence)

[Determination of Sentence] Five years of imprisonment

The circumstances favorable to the defendant can be considered in light of the following: (a) the defendant voluntarily surrendered to investigative agencies; (b) the defendant was the first offender who had no record of criminal punishment prior to the instant case; (c) the victim does not want the punishment of the defendant; and (d) the rape, which is a basic crime, committed during the course of rape.

However, in light of the following: (a) the instant crime was committed under a close plan, such as preparing in advance the atmosphere of a dangerous object, waiting in front of the place where the Defendant was committed; (b) having attempted to rape and inflict bodily injury upon a female victim who refused to meet with himself/herself; and (c) having committed the instant crime in light of the background, method, condition, risk, etc. of the crime; and (d) the victim appears to have suffered considerable physical and mental pain due to the instant crime, it is inevitable to punish the Defendant.

The punishment as ordered shall be determined by taking into account such various circumstances as the defendant's age, character and conduct, environment, circumstances after the crime, relationship with the victim, etc., as shown in the arguments in this case.