2010Gohap505 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.)

A

Kim Nam-soo

Korea Legal Aid Corporation B

February 11, 2011

A defendant shall be punished by imprisonment for a maximum term of four years and a short term of three years.

excessive one sheet (No. 1) seized shall be confiscated.

Criminal facts

On January 17, 2010, 17:45, the Defendant was hiding in a female toilet prior to the computer room of the second floor in Jung-gu Seoul Metropolitan Government D Middle School Information Center, and entered the above school E (M, 32 years of age) and then pushed the victim into the next partitions toilet to open a door before being waiting for the above school building, and then pushed the victim “debrising”, which is a dangerous object previously possessed (the length of 22cm, 10cm in knife length). After threatening the victim on the part above the part of the victim, the victim’s chest was stored in the victim’s knife, and the victim knife and knife the victim’s hand, knife the knife of the victim, knife the victim’s knife into the side toilet, and knife the victim’s face by drinking, and knife the victim’s face into the wall.

As a result, the defendant committed indecent acts by force against the victim with dangerous things, and caused the victim to suffer on-site care for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Statement in the chief of the complaint and each report on investigation;

1. Existing one per capita (No. 1) that has been seized;

Application of Statutes

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

Articles 8(1), 4(2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act

1. Mitigation of juvenile offenses;

Articles 2 and 60(2) of the Juvenile Act, Article 55(1)3 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (Consideration of sentencing, etc. as follows)

1. Illegal punishment;

Articles 2 and 60(1) of the Juvenile Act

1. Confiscation;

Judgment on the defense counsel's assertion under Article 48 (1) 1 of the Criminal Act

The defense counsel asserts that the defendant committed the crime of this case in the state of mental disorder caused by excessive behavioral disorder (ADD). Accordingly, according to the records, the defendant's intellectual disability 3 level, which shows that learning ability, self-defense and judgment ability are somewhat lacking compared to the general public. However, in the course of investigation, the defendant provided relatively detailed and detailed memory and statement in the situation at the time of the crime of this case. On the day of this case, the defendant completed lessons at the FG High School located in Seoul, Jung-gu, Seoul, and purchased Mack for the purpose of preventing the crime of this case. After moving the defendant to D High School located in Seoul, China, and used Mack for face in the female toilet and used Mack in the face in his hand, and did not change the above circumstances before and after the crime of this case, the defendant did not appear to have committed the crime of this case, and the defendant did not have any excessive means and methods of collecting food from the victim of this case, and the defendant did not appear to have committed the crime of this case.

Reasons for sentencing

[Determination of Punishment] Where the result of a sex crime group or an injury occurs, the type 2 (special indecent act by force) among the crimes of bodily injury or injury at least 13 years old.

[Scope of Recommendation] Basic Field, 4 years to 7 years of imprisonment

【Determination of Sentence】

The crime of this case is that the defendant, a high school student, threatened the victim who is a teacher by using the excessive amount prepared in advance in a middle school female toilet at middle school, and forcibly commits an indecent act and forcedly committed an indecent act. In addition, in the process, the defendant suffered on the inner part requiring medical treatment for about three weeks in consideration of the nature of the crime is very poor, and the damage of the victim has not yet been recovered, etc., it is difficult for the defendant to avoid sentence of punishment.

However, the defendant has yet to be aged as a high school student and has an excessive behavioral disorder (ADD) due to intellectual disability 3. There is no record of punishment prior to the instant case, and other various circumstances, such as the motive and circumstance of the instant crime, the defendant's age, character and conduct, and the environment, etc., which are conditions for sentencing specified in the instant case, shall be determined lower than the lower limit of the recommended sentencing guidelines, such as the disposition, by taking into account the following factors.

2. Final judge

Judges Hong-seok

Judges Lee So-young