2017Gohap125 Rape, Violation of the Act on the Control of Narcotics, etc. (flag)

A

Orscopic (prosecutions) and semi-catic (public trial)

Attorney B (Korean National Assembly)

March 24, 2017

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

The defendant shall be ordered to take a lecture for the treatment of sexual assault for 80 hours.

Criminal facts

1. Violation of the Narcotics Control Act;

On 10, 16:00 on 16:16. 10. 10. 16. 16. 16. 1, the Defendant, at the construction site of the first floor of the building in Yangsan City, caused D, which assist the Defendant in the business, to see the requirement by mixing the psychotropic drug stability powder containing the psychotropic drug component.

Accordingly, the defendant, not a person handling narcotics, administered D a psychotropic drug "rogram" to D.

2. Rape;

At the time and place specified in Paragraph 1, the Defendant administered the nega dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna dyna

On October 16, 2015, the Defendant had sexual intercourse once with the victim who was unable to resist due to the medication of ‘F' under ‘F' 201 in Yangsan-si E'.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on internal investigation (cogncy and appraisal results), investigation reports (drugs photographs at the time of seizure), investigation reports (cogncy and appraisal results - genes);

1. Records of seizure and the list of seizure;

1. A response (No. 13, 14) to each of the countries and the results of appraisal by the Seoul Science Research Institute, and a gene appraisal report;

1. Photographs of damaged part of the victim;

Application of Statutes

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

Article 297 (Rape) of the Criminal Act, Article 61 (1) 5, Article 4 (1) 1, and subparagraph 3 (d) of Article 2 of the Narcotics Control Act (the psychotropic drug medication and the choice of imprisonment)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the maximum penalty shall be added to the maximum penalty for the crime of rape with heavy penalty]

1. Discretionary mitigation;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Order to attend lectures;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; 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 (in the absence of criminal punishment for any crime including a sexual crime before, and thus, it is difficult to readily conclude that there is a risk of recidivism against the Defendant; the registration of personal information on the Defendant and taking taking taking courses for the treatment of sexual assault; the fact that it appears that the effect of preventing recidivism can be achieved by the order to disclose or notify information is relatively little, compared to the disadvantages and anticipated side effects that the Defendant may suffer, compared to the disclosure order and the disclosure order, there are other special circumstances where personal information may not be disclosed or notified to the Defendant in full view of the Defendant’s age, occupation, family environment, motive, means, and consequence of the instant crime).

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for a year and six months from June to June 17 months;

2. Scope of recommendations according to the sentencing criteria;

A. Rape

1. The general criteria for the crime of rape (subject to the age of 13 or more)

[Special Sentencing] Disapproval of Punishment (Discretionary Elements)

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment of one year and six months to three years

(b) Crimes of violation of the Act on the Control of Narcotics;

[Determination of Types] 1. Simple possession, etc. of medication;

[Special Sentencing] Where there is a special reason to criticize the motive of the crime (Aggravated factor)

[Recommendation and Scope of Recommendation] Aggravation, 10 months to 2 years of imprisonment

(c) Imprisonment with labor for 1 year and 6 months to 4 years;

3. Determination of sentence: Two years of imprisonment and three years of suspended sentence;

For the purpose of committing a sexual crime against a victim under the direction and supervision, the Defendant administered a soft, which is a drug of native life, for the purpose of committing a sexual crime, and raped the victim who became unable to resist because he/she has lost his/her mind. The victim seems to have suffered considerable sexual humiliation and physical suffering due to the instant crime. Such circumstances are disadvantageous to the Defendant.

However, the victim does not want the punishment of the defendant under the mutual consent between the defendant and the defendant, and the defendant, instead, confessions and reflects the overall crime of this case in this court. The defendant has no record of criminal punishment prior to the crime of this case. Such circumstances are favorable to the defendant.

In addition, considering the fact that the defendant's health is not good due to his old age (1936), the defendant's character and behavior, environment, family relationship, motive and circumstance of the crime of this case, means and result of the crime of this case, various sentencing factors as shown in the arguments of this case, such as the circumstances before and after the crime, the punishment shall be determined

Registration of Personal Information

Where a conviction becomes final and conclusive on a crime under paragraph (2) of the judgment that is a sex offense subject to registration, the accused 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, is obligated to submit personal information to the competent agency

The presiding judge shall be changed.

Judges Tae-young

Judicial Chief Judge;

1) Although the instant indictment contains “establishment”, the instant indictment is deemed to be “acceptance according to each description of the police protocol of the victim (Evidence Record 17 pages) and the police interrogation protocol of the accused (Evidence Record 57 pages).” Thus, it is revised.