2015No1372 Violation of the Punishment of Violences, etc. Act (an act of violence against groups, deadly weapons, etc.)

Specific assaulted Crime (Special Violence), Assault, Injury, confinement, sexual assault

Violation of the Act on Special Cases Concerning the Punishment, etc. of Crimes (Use and Screening of Cameras)

A

Escopics

The Ministry of Health, Welfare and Family Affairs (Public Trial)

Attorney Z (Korean)

Changwon District Court Masan Branch Decision 2015Ra100 decided June 10, 2015

November 12, 2015

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours. The seized evidence 1 and 2 shall be confiscated.

1. Summary of grounds for appeal;

The defendant asserts that the punishment sentenced by the court below (two years of imprisonment, 40 hours of completion of sexual assault treatment programs, confiscation) is too unreasonable.

2. Ex officio determination

In the trial of the court, the prosecutor applied for the modification of the bill of amendment to the indictment with regard to the change of Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act from among the applicable provisions of law into Article 261 and Article 260(1) of the Criminal Act. Since the subject of the trial is changed by this court's permission, the judgment of the court below is no longer maintained.

3. Conclusion

The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the following decision is rendered again.

【Discretionary Judgment】

Criminal facts and summary of evidence

The substance of the facts charged and the summary of the evidence admitted by this court are as follows: 1. The summary of the evidence is as follows: 1. The defendant's statement at the court below is added to the first copy of the evidence (Article 369 of the Criminal Procedure Act). The application of the law is as follows.

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

Articles 261 and 260(1) of the Criminal Act (a) of the Criminal Act; Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; Article 276(1) of the Criminal Act; Article 276(1) of the Criminal Act; Article 350(1) of the Criminal Act; Article 350(1) of the Criminal Act; Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a Camer, etc. of Carrying a dangerous thing); Article 261 and

2. Aggravation for repeated crimes;

Article 35 (Special Violence) of the Criminal Act

3. Aggravation for concurrent crimes; and

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

4. Order to complete programs;

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

5. Confiscation;

If a conviction becomes final and conclusive on the facts of a sex crime subject to registration as stated in Article 48 (1) 1 of the Criminal Act, the accused is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the relevant agency pursuant to Article 43

Determination as to whether to issue an disclosure or notification order;

In light of the defendant's age, occupation, criminal records, risk of repeating a crime, motive, process, seriousness of the crime, seriousness of the crime, disclosure order or notification order, the degree and expected side effects of infringement of the defendant's personal rights, the preventive effects and effects of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victim, the supplement of the disclosure order or notification order as an exercise of governmental authority, etc., the defendant shall not be ordered to disclose personal information, and thus, there are special circumstances that may not disclose personal information.

The reason for sentencing was that the Defendant, who was a related person, committed several assaults, such as threatening the victim with a deadly weapon, and suffered bodily or mental shocks. The victim sought a victim by demanding the hedge and driving the victim's friendship with the victim who does not want to leave the victim, and detained the victim and inflicted bodily injury upon the victim. The Defendant committed the crime of this case for a long time from September 2014 to January 2015. The Defendant appears to have received physical or mental shocks of the victim. The Defendant, on May 7, 2009, was sentenced to imprisonment with prison labor for a considerable period of one year and six months, and was committed for a repeated crime on September 22, 201, taking into account the following factors: (a) the Defendant committed the crime of this case, including the fact that the victim was committing the crime of violence and bodily harm; (b) the Defendant committed the crime of this case without taking into account the motive and punishment of the Defendant, and (c) the circumstances leading up to the crime of larceny and other crimes of this case, even if having been committed during the period of assault.

The presiding judge, judge and assistant judge;

Judges Song Jong-soo

Judges Kim Gin-soo