2014Gohap235,303 (Joint). Rape

(b) Violation of the Act on the Control of Narcotics, etc.;

(c) Violation of the Act on Special Cases concerning the Punishment of Sexual Crimes;

(Cracker and photographing of cameras, etc.)

Masan (80-years, South Korea), Company Board

Residentialization City

Jeonju City in the original domicile

Maximum only (prosecutions) and Man-Jin (Public Trial)

Law Firm Jinsu

[Defendant-Appellant]

November 11, 2014

A defendant shall be punished by imprisonment for three years.

Seized evidence No. 1 shall be confiscated.

250,000 won shall be additionally collected from the defendant.

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

Criminal facts

【2014 Gohap235】

1. Violation of the Act on the Control of Narcotics, etc. ( nativeity);

The Defendant is not a narcotics handler.

(a) Purchasing a stroke method;

On October 24, 2013, the Defendant issued an order of 10,000 won by accessing the Defendant’s home to the “88 Contracting State, an Internet site for selling illegal drugs,” which was designated as psychotropic drugs, at the Defendant’s home, and transferred the purchase price to the agricultural bank account in the name of △ Community, Inc., a deposit account on the said site, by transferring the purchase price to 2,50,000 won.

On October 26, 2013, the Defendant purchased psychotropic drugs by obtaining 10 mm from strokes via post office micks at the seat of the above Defendant’s office.

(b) Use by roadsides;

On December 23, 2013: At around 30, the Defendant, at a restaurant located at the city of shot City, he knows it as a previous place of work, carried out alcoholic beverages together with ○○, by inserting it into the stroke m, and let ○○ use the psychotropic drugs by allowing him to drink it.

2. Rape;

On December 23, 2013: At around 30, the Defendant, at the above restaurant, had the victim ○○○ (at the age of 25), drinked to rape the female while drinking alcohol with the description of paragraph 1(a), and purchased it as a stroke, a stroke m, which is a stroke stroke, and was in possession of it, as if he were a stroke stroke stroke, and had the victim drink it by inserting it into the stroke stroke, and let the victim drink.

Since then, the Defendant, in a case where the victim was unable to resist with his mind, was forced to attract the victim on the part of the above Defendant, lost his mind, and was deprived of the victim’s right, she was forced to have sexual intercourse once with the victim.

[2014Gohap303]

On December 23, 2013: Between 00 and 23:00 on the same day, the Defendant taken the victim’s chest, chest, sound, etc. using a cell phone camera without permission from the victim’s assistance who lost his mind by eating stroke-mm, a stroke-m, at the home of the above Defendant’s house, from around 00 to 23:0 on the same day.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police protocol of statement concerning ○○;

1. Seizure records;

1. Report on results of digital evidence analysis;

1. Each written appraisal;

1. Investigation report (to attach a re-examination to a request for analysis of genes);

Application of Statutes

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

Articles 61(1)5, 4(1)1, and 2 subparag. 3(d) of the Act on the Control of Narcotics, Etc. (the purchase and use of a stroke-m, each choice of imprisonment), Article 297 of the Criminal Act (the point of rape), Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of taking photographs using a camera, the choice of imprisonment)

1. Aggravation for concurrent crimes;

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

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Collection;

1. Scope of applicable sentences under the Act on the Control of Narcotics, etc.

From June to June 22

2. Application of the sentencing criteria;

A. Rape

[Determination of Type] General Criteria for the Prevention of Sexual Crimes (subject to 13 years of age or older) in the basic sphere of rape

[Scope of Recommendation] Imprisonment of 2 years and 6 months to 5 years

(b) Violation of the Act on the Control of Narcotics, etc. by using a stroke m;

[Determination of Type] The basic area of marijuana, perfume administration, d.e., item (e) and item (e) of the narcotics crime (determination of the recommended area) for medication, simple possession, etc.

[Scope of Recommendation] The violation of the Act on the Control of Narcotics, Etc. (overage) due to the purchase of a stroke-morm shall be punished by imprisonment between August and June.

[Determination of Type] Horsic substances, flazy, d. Item d., etc., such as trade mediation, etc.

【Determination of Recommendation Area】 Basic Area

[Scope of Recommendation] Imprisonment of six months to one year and four months;

D. Handling of multiple offenses

Since Article 37 of the Criminal Act is concurrent crimes between each of the above crimes on which the sentencing guidelines are set and the offenses against the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kamera Use and Screening of Camera) not set, the lower limit of the punishment shall be based on the lower limit of the sentence range in the sentencing guidelines for the rape

3. The main crime of this case by the sentence of sentence is a case in which the defendant was found to have been sentenced to a severe sentence corresponding to the criminal liability against the defendant, considering the following: (a) the defendant's main crime of this case was the case in which the victim, who was the employee's employer, was boomed with narcotics in the influence of the victim who was the employee's employer; (b) took the victim's house to drink and drink the alcohol, and forced him to do so; and (c) in light of the series of criminal acts of the defendant, the crime was extremely poor; and (d) the victim was deemed to have suffered a huge mental shock due to the crime of this case, and the victim did not recover from damage.

However, the defendant shall be sentenced to punishment such as the order, considering the circumstances favorable to the defendant, such as the fact that the defendant has no previous criminal record, is the beginning offender who committed the crime, and is committed the crime, and his mistake is divided.

Where a conviction becomes final and conclusive on the crime of this case, which is a sex crime subject to the registration 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 is obligated to submit personal information to the competent agency

Matters concerning disclosure order and notification order

In light of the fact that the Defendant had no previous record of a sex crime and the circumstances indicated in the records alone are difficult to readily conclude that there is a habit of a sexual crime against the Defendant or that there is a risk of recommitting a sexual crime, and in light of the fact that the Defendant and the victim were the previous workplace rent, other benefits and preventive effects expected by the disclosure order or notification order of this case, and disadvantages and side effects therefrom, the Defendant is not subject to disclosure order and notification order of personal information under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the disclosure order and notification order are not imposed on the Defendant.

It is so decided as per Disposition for the above reasons.

Judge Lee Jae-young

Judges Gin Jae-in

Judges Lee Jong-ho