2019Gohap74, 252 (Joint), 321 (Joint)

Robbery, bodily injury resulting from indecent act by compulsion (known crime, quasi-indecent act by compulsion), robbery, and narcotics.

The Governor of the Republic of Korea, the Governor of the Republic of Korea, or the Governor of the Republic of Korea or the Governor of the Republic of Korea.

Violation of Korean law (Quasi-Indecent Act by Compulsion)

A

Bags, Magjin, Mag-young (prosecution), Park Jong-gu (Public Trial)

Attorney Lee Sang-ok (Korean National Assembly)

May 17, 2019

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

The defendant shall be ordered to place an employment restriction on children and juveniles-related institutions, etc. for three years.

One seized paird pels (including non-explosive liquids) shall be confiscated (Evidence No. 4, except for the portion consumed by appraisal).

692 won shall be additionally collected from the defendant.

The defendant shall be ordered to pay the amount equivalent to the above additional collection charge.

Criminal History Office

[2019Gohap74]

The Defendant had prescribed and prepared ‘sethyl ethylis', which is exempted from psychotropic drug ingredients, in order to treat scarcitys.

1. Attempted robbery and violation of the Act on the Control of Narcotics, etc.;

The Defendant, at around 13:50 on December 5, 2018, referred to as "C of the first floor of a building located in Gwanak-gu in Seoul Special Metropolitan City, the first floor of the building in Gwanak-gu, Seoul, intended to take the above "ice ethyl content" into consideration to the victim D (the 27 years of age) of the above victim, and caused the defendant and the victim to take the property of the above victim, and caused the victim to remain there, the Defendant and the victim to put 2-3 eggs into the open space where they were prepared in advance with the toilets outside the above, put the 2-3 eggs "water and ice ethyl content" into a melter so that the victim could not get the victim to come back to the above 3-3 ethyl melter so that the victim could not get the victim to come back to the above melter," and let the victim dum dumbling it.

Thus, even though the defendant is not a narcotics handler, he used a psychotropic drug strokem, and tried to take the victim's property by using it, but failed to do so.

2. Violation of the Act on the Control of Narcotics, etc., such as robbery, quasi-decent act by compulsion;

On December 14, 2018, from 08:00 to 11:00 on the same day, the Defendant induced the victim to the above F by having the victim G (the victim, 34 years of age, and 4 years of age) in Gwanak-gu in Seoul Special Metropolitan City, expected that the victim’s scam will possess cash, and scams will take the victim’s property by taking the victim’s property by drinking “scams”, and “the victim will give money to the outside”. The Defendant ordered scams in advance before the clerical error, put the victim into 2 to 3 eggs in scam in scam and let the victim drink it without knowledge of the fact. After the scaming the victim, the Defendant left the Seoul Special Metropolitan City Htek by leaving the victim scaming his mind properly.

On December 14, 2018, from around 11:10 to 14:00 on the same day, the Defendant used the rest in which the victim lost his mind in the Hemoel, taken out KRW 140,00 from the clothes of the victim, and met the victim’s chest, and met the part of the victim’s chest.

Therefore, even if the Defendant is not a narcotics handler, he used a psychotropic drug strokem, took the victim's property by taking advantage of it, sustained the victim's bodily injury, and made the victim lose the awareness, and committed indecent act by taking advantage of the victim's failure to resist.

"2019, 252"

On December 11, 2018, at around 22:45, the Defendant colored the subject of the crime for the purpose of bringing money after leaving another person in front of Gwanak-gu, Seoul Special Metropolitan City I with a view to bringing money. On the other hand, the Defendant found the victim J (n, 27 years of age) who was under the influence of drinking alcohol and forced the victim to take back the victim once, and forced the victim to take back the property by force. However, on the other hand, the victim escaped from the wind, and caused the victim to take care of approximately two weeks of the need for medical treatment.

"2019 Gohap321"

around 18:00 to 19:00 on April 23, 2018, the Defendant sent a broadcast at the Defendant’s house located in K apartment L in Gyeyang-gu Incheon Gyeyang-gu, Incheon, from the “ radio broadcast appM,” together with the victim N (the 16th age), and drinked the drinking together with the victim N, who was aware of the fact that the Defendant was able to drink with the victim’s laps and clothes.

Accordingly, the Defendant committed indecent act against the victim who is a child or juvenile in a state of impossibility to resist.

Summary of Evidence

"2019 Highly 74"

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Statement made to D by the police;

1. Each request for appraisal (62 pages, 602 pages of investigation records);

1. Report on internal investigation (as to the image of the victim's car page), investigation report (as to the suspect's scene of robbery on December 14, 199), investigation report (as to the suspect's place of crime by force), investigation report (as to response to electronic appraisal request, Chapter 9), investigation report (as to Chapter ctv second chapter);

1. The screen of each CCTV image data, including on-site photographs and CCTV image data bottles, and CDs;

"2019, 252"

1. Defendant's legal statement;

1. Statement to J police officers;

1. Medical certificate (J 46 pages of investigation records);

1. A photograph of the victim, a photograph of the CCTV images taken by the victim, and a photograph of the CCTV images taken by the victim;

1. The crime scene CD;

"2019 Gohap3214

1. Defendant's legal statement;

1. The police statement of the N, the statement of the victim, and the statement of the N contained in the video CD;

1. Details of conversations and recording records;

Application of Statutes

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

Articles 342 and 33 of the Criminal Act (the point of attempted robbery), Articles 61(1)5, 4(1)1, and 2 subparag. 3(d) of the Act on the Control of Narcotics, Etc. (the point of using a stroke-mm, choice of imprisonment), Article 337 of the Criminal Act, Articles 29 and 298 of the Criminal Act, Article 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 29 and 298 of the Criminal Act (the point of using a stroke-m, choice of imprisonment), Articles 342 and 33 of the same Act, Articles 61(1)5, 4(1)1, and 2 subparag. 3(d) (the point

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Concurrent Punishment for Robbery and Bodily Injury by Robbery) of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Order to complete programs;

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

○ Crimes of Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse: the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. An employment restriction order;

○ Crimes of Quasi-Indecent Act by Compulsion: the main text of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); the main text of Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018)

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

The crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (b) the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of criminal punishment for sexual crimes prior to the instant case; and (c) the defendant may have the effect of preventing recidivism even with the sentence of imprisonment to the defendant, registration of personal information, orders to complete sexual assault treatment programs, restrictions on employment to institutions related to children and juveniles, etc.

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Additional collection:

The proviso to Article 67 of the Act on the Control of Narcotics, Etc. [Additional Collection Charges shall be calculated by 692 won (i.e., 4 x 173 won at a strokem used x 173 won) in accordance with the investigation report (Calculation of criminal proceeds against a suspect)]

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judgment on the Defendant’s and defense counsel’s assertion (related to the crime of Paragraph 2 of the Decision 2019Gohap74 of the case)

1. Summary of the defendant's defense counsel's assertion

In relation to the crime of quasi-indecent acts by compulsion, the victim's coffee that the victim had been exempted from the license, which led the defendant to gather the victim, and only left the victim's clothes to remove the stove the stove, and there was no fact that the victim's chests or fembs of the stove.

2. Determination

In light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the victim’s statement made in the investigative agency and this court has credibility, and according to the above statement and the evidence as stated in its reasoning, it can be acknowledged that the victim’s chest and fry were fry of the victim, who was unable to resist due to the Defendant’s loss of the mind of being unable to do so. Accordingly, the above assertion by the Defendant and the defense counsel is not accepted.

A. In an investigative agency and this court, the victim made a relatively concrete and consistent statement about the principal part of the crime of quasi-indecent act by compulsion, such as the victim’s state at the time of the victim’s coming to the mind of the Defendant on the day of the instant case, the reason why the victim was faced with, and the victim’s perception at the time of physical contact with the victim, etc., and the victim’s statement is in conflict with the part that is specifically unreasonable or unreasonable.

나. 모텔에서 잠에서 깬 횟수 등 피해자의 진술에 일부 일관되지 않거나 불분명한 부분이 있으나, 이는 피해자가 수면제를 복용한 상태로 정신을 잃고 잠이 들어 당시 상황을 모두 구체적으로 기억할 수 없었고 위 사건이 발생한 때로부터 재판에 이르기까지 상당한 시간이 걸렸기 때문으로 보인다. 또한 피해자는 이 법정에서 '잠에서 깼을 때 남자가 두 명으로 보이기도 했다'고 진술하여 수면제의 영향으로 환각증상이 있었던 것으로 보이나, 앞서 본 바와 같이 피고인의 신체적 접촉에 관한 피해자의 진술은 구체적이고 일관되어 신빙성이 있고 피해자는 환각증상과 피고인의 추행행위를 명확히 구분할 수 있었던 것으로 보인다. 따라서 위와 같은 사정만으로 피해자 진술의 신빙성을 부정하기는 어렵다.

다. 피해자는 모텔에서 잠이 깼을 당시 피해자의 상태에 관하여 수사기관과 이 법정에서 '잠에서 깼을 때 구토한 흔적은 없었고, 옷이 젖어 있지도 않았다. 모텔에서 나오기 전 구토가 나올 것 같아 화장실로 가서 구토를 했다'고 진술하였는데, 위와 같은 피해자의 진술은 일관되고 구체적이다. 그와 달리 피고인은 경찰에서는 '피해자에게 "니가 구토를 하여 내가 화장실에 가서 다 빨아줬다"고 말했다'고 진술하였다가 '물티슈로 닦아주었다고 말했다'고 진술을 번복하였고, 이후 검찰과 이 법정에서도 '피해자가 구토를 많이 하여 옷이 젖어 있어 이를 벗기면서 물티슈로 닦아 주었다'고 진술하여 그 내용이 일관되지 않는다.

D. Even after the victim returned to the house on the day of the instant case, the victim appears to have failed to keep the mind properly due to the influence of water exemption. On the Saturday on December 15, 2018, the following day: (a) visited the P Center on December 17, 2018, after undergoing an inspection to collect DNA, etc. from the victim’s body from the victim’s body on December 22, 2018; and (b) filed a complaint against the Defendant on charges of indecent acts by compulsion, etc. by force. The aforementioned accusation is natural; (c) the victim’s statement of false damage at the risk of criminal punishment or sexual humiliation at the risk of criminal punishment, and it is difficult to find any special motive or reason to mislead the Defendant.

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for three years and six months to twenty-two years; and

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes of subparagraph 1;

[Determination of Punishment] Type 1 (General Robbery) where the result of an injury to a robbery has occurred.

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, 3 years to 7 years of imprisonment

(b) A second crime;

[Determination of Punishment] Type 1 (General Robbery) where the result of an injury to a robbery has occurred.

[Special Sentencings] Reductions: Where the result of an injury occurred, but the basic crime is committed in attempted crimes.

[Recommendation and Scope of Recommendation] Reduction Area, 2 years to 4 years of imprisonment

(c) A third crime (a violation of the Act on the Protection of Children against Sexual Abuse);

[Determination of Punishment] The crimes of indecent act by force (subject to the age of 13 or more) on the grounds of the general standards on sexual crimes

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment from August to April 3

*The descriptive criteria: Juvenile indecent act by compulsion (including deceptive or indecent act by force) shall be included in two categories, but the upper and lower limit of the range of sentence shall be reduced to 2/3.

(d) Scope of recommending punishment according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than three years (the crime for which the sentencing criteria are set and the attempted robbery for which no sentencing criteria are set are concurrent crimes in the former part of Article 37 of the Criminal Act, taking into account only the lower limit of the scope of sentencing in the sentencing criteria for the crime for

(e) Scope of recommended sentences revised by applicable sentences: Imprisonment with prison labor for three years and six months from June to June 22 (where the scope of sentence recommended by the sentencing guidelines exceeds the legally applicable sentencing range, it shall be subject to the legally applicable sentencing range);

3. Determination of sentence;

The following circumstances and the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, and various sentencing factors specified in the arguments in the instant case, such as the circumstances after the crime, shall be determined as the order.

The crime of robbery and violation of the Act on the Control of Narcotics, Etc.: The defendant suffered injury to the victims of a short period of time by allowing them to take off shot coffees for the purpose of forcibly taking money and other valuables, or by causing enormous injury to the victims who were on the way of drinking and uncomfortable state, and the victim was forced to take money and other valuables, and the crime is violent and violent, and it is highly likely that the victim was subject to punishment for the victims of sexual assault and other crimes. In addition, the remaining crimes of sexual assault were committed by the victims of sexual assault and other crimes, which were committed under the Act on Special Cases Concerning the Protection of Juveniles from Sexual Abuse, and the victims of sexual assault and other crimes were committed under the influence of the victims of sexual assault and other crimes. The victims of sexual assault and other crimes appear to have been punished by imprisonment with prison labor for the victims of sexual assault and other crimes, which were committed under the Act on Special Cases Concerning the Protection of Juveniles from Sexual Abuse (the victims of sexual assault and other crimes, which were committed under the influence of the victims of sexual assault and punishment of each of this case.

The circumstances favorable to ○: (a) the respective robbery of the instant robbery and the crime of bodily injury resulting from robbery were attempted. The Defendant, at an investigative agency, testified that the commission of an indecent act by force was denied the robbery of the commission of robbery, or that the commission of an indecent act by force under the Act on the Protection of Children and Juveniles against Sexual Abuse was not memory; (b) however, in this court, the remaining parts of each of the instant crimes, excluding the quasi indecent act by force, are recognized and contradictory to all. There is no history of criminal punishment exceeding the suspended sentence prior to the instant crime. The Defendant has been committed with a female-child who was committed by marriage, and both the Defendant’s family members and female-friendly organizations want to have the Defendant

Where a conviction becomes final and conclusive with respect to a quasi-indecent act by force, or a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is a sex offense subject to registration and submission of personal information, 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 thus, he/she is obligated to submit personal information

However, in light of the nature of the above crimes and the remaining crimes which cause the registration of personal information, and the severity of the crimes, it is deemed unreasonable to determine the period of registration pursuant to Article 45(1)2 and (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and therefore, it should be determined as the period of registration for 15 years, which is the short term period pursuant to Article 45(4) of the same Act

The presiding judge, judges and assistant judges

Judges Doese

Judges Park Young-chul