209Gohap113 Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof

Anti-Rape (Rape in Relatives), the punishment of sexual crimes, and

Violation of the Protection, etc. of Victims Act (13 years of age);

Rape, etc.)

OO

New Superintendent;

April 10, 2009

A defendant shall be punished by imprisonment for seven years.

44 days of detention before this judgment is sentenced shall be included in the above sentence.

Access information on the accused shall be made available for inspection for five years.For five years, the location tracking electronic device shall be attached to the person for whom the attachment order is requested. The matters to be observed as stated in the attached Form shall be imposed on the person for whom the attachment order is requested

Criminal facts and the facts constituting the attachment order

1. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Rape based on relative relations);

On August 208, 200, the Defendant: (a) around 23:00, around 23:00, ** the Defendant’s * the Defendant’s arms of the victim A (the 13-year old-old-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-of-age-age-age-of-age-age-age-age-of-age-age-age-age-of-age-age-age-of-age-age-age-of-age-age-age-of-age-age-of-age-age-age-of-age-age

2. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Minor Rape, etc.).

Defendant,

A. On October 21, 2008, around 21:00,***** on a single-time basis when the head of the victim B (the 10-year-old) who is a relative with the camping net was unable to resist, and the victim was forced to be off off the clothes of the victim and sexual intercourse with the victim.

B. On the 12th day of the same month, at the above place, at around 21:00, the victim took an attitude that the victim would have been able to resist when demanding the victim B to have the sexual intercourse, and the victim could not resist, and thereafter, the victim made the victim's sexual intercourse prompt once. On the 13th day of the same month, the victim made the victim's sexual intercourse with the victim's sexual intercourse with the victim's sexual intercourse with the victim's sexual intercourse with the victim's sexual intercourse with the victim's sexual intercourse with the victim's sexual intercourse. At around 21:00 of the same month, the victim took an attitude that the victim would be able to resist the victim's clothes and forced the victim to go against the victim's sexual intercourse with the victim's sexual intercourse with the victim's sexual intercourse inserted the victim's body one time in the victim's written paragraph of B, and in the above manner, the victim added the victim's sexual intercourse with the victim's sexual intercourse with the victim's sexual intercourse with the victim's sexual intercourse.

E. At around 21:00 on the 15th day of the same month, the Defendant’s sexual organ was inserted in the victim B’s resistance one time in the above manner, and the Defendant’s sexual organ was written.

F. At around 21:00 on the 16th day of the same month, the Defendant’s sexual organ was inserted in the victim B’s resistance one time in the above manner, and the Defendant’s sexual organ was written.

G. At the early 22:00 of the beginning of December of the same year, 22:00,***** in the course of demanding the victim B to give an attitude that the victim would have been able to resist if he/she refused to resist. After having the victim resist, the victim's sexual organ as soon as possible, the victim gets the victim's sexual organ and forced the victim to be off his/her clothes, and forced to be off his/her clothes, the victim's sexual organ was inserted into the part of the paragraph B of the victim, and the victim's sexual organ was written.

H. From 00:00 on January 12, 2009, around 00:00****** in large amount, the victimB took an attitude that the victim would have been able to resist if he/she refused to do so while demanding the victimB to provide oral intercourse, so that the victim could not resist against him/her, and thereafter, the victim’s sexual organ was prompt by making the victim’s entry into the victim as soon as possible.

I. Around 01:00 on February 22, 22 of the same year, at the above place, the victim B had an attitude that would have been able to resist the victim’s sexual intercourse when demanding the victim B to do so, so that the victim could not resist the victim, and the victim had sexual intercourse with the victim once.

3. Orders to attach electronic devices;

A defendant commits sexual crimes on at least two occasions, and is found to have a habit of such crimes and is in danger of repeating such crimes.

Summary of Evidence

1. Statement corresponding thereto in this court; 1. Statement corresponding thereto in each statement made by the assistant judicial police officer to A and B; 1. Statement corresponding thereto;

1. The description complying with the certified copy of resident registration of the accused;

【Risk of Reoffending at the Time of Sales】

In light of the fact that the defendant committed rape, mouth intercourse, or anti-gressing intercourse with his/her child about ten times in total for a period of six months, and the statement of the investigation before the defendant's claim against the defendant, it is recognized that the risk of recidivism of sexual crimes and the recidivism is recognized.

Application of Statutes

1. Article applicable to criminal facts;

Article 7(1) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof, Article 297 of the Criminal Act (a point of rape against Victims A), Article 8-2(1) of the Act on the Punishment of Sexual Crimes, Protection, etc. of Victims Thereof, Article 297 of the Criminal Act, Article 8-2 and Article 8-2(2)1 of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (a point of rape against Victims B)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [In addition to concurrent crimes with punishment prescribed for crimes such as rape, etc., committed on February 22, 2009]

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Order of inspection;

Article 37(1)1 and (4) of the Act on the Protection of Juveniles against Sexual Abuse

1. Orders to attach electronic devices;

Article 9(1) of the Act on the Electronic Monitoring of Specific Sexual Offenders

1. Imposition of obligations;

The Defendant’s crime of sentencing under Article 9-2(1) of the Act on the Attachment of Electronic Monitoring of Specific Sexual Offenders is an act of rapeing or forcingly inserting 13 years of age and 10-year-friendly daughters over a total of 10 times for a period of six months. The Defendant’s crime of this case is deemed necessary to isolate the Defendant from the victims and society for a long period of time because it was extremely poor that the victims have continuously and repeatedly taken into account the victims’ spirit and body as the object of meeting their sexual desire, and that there was a high risk of recidivism, taking into account the fact that there was no same criminal power, and that there was any error, contrary to the fact that there was any error, etc., and that the Defendant’s order and punishment should be imposed in comprehensive consideration of all the conditions indicated in the pleadings.

The presiding judge and the senior judge;

Judges Shin Jin-jin

Prosecutor General-Type