2014Gohap772 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.)

2014. Consolidated order to attach 2014

Claimant

A

The Hun-Hun (Lawsuit) and Park Jong-dae (Public Trial)

Attorney B (Korean National Assembly)

March 27, 2015

A defendant shall be punished by imprisonment for twenty-five years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

The information on the accused shall be disclosed and notified through an information and communications network for ten years. An order to attach an electronic tracking device to the subject person for whom the attachment order is requested shall be issued for ten years. The matters to be observed, as described in the attached Form, shall be imposed on the subject person.

Criminal facts and the facts constituting the request for attachment order

[Criminal Facts] The Defendant and the respondent for an attachment order (hereinafter referred to as the “Defendant”) died on October 27, 2014, and completed funeral ceremony on October 31, 2014. The Defendant and the respondent for an attachment order (hereinafter referred to as the “Defendant”) returned to the Defendant’s house located in Busan Jin-gu C, Busan, and returned to the Republic of Korea on October 31, 2014.

The defendant thought that the victim D (I, 64 years old) who was in the above house, was sleeped in the next house, and tried to rape the victim, had the victim walk in the crime prevention room connected to the victim's house, walk in the crepan, walk in the crepan, passed through the crepan, and went through the crepan, and went through the victim's house, and went through the ward to the victim's room.

The Defendant: (a) saw soup a sobry so that the flag victim sing the flag, shouldered in the lock, and flaged in the room (weight 2.5 km, length 14 cm, height 7 cm); (b) putting the head of the victim at three times, covering the victim’s face with the sound “the victim’s flag” by a flag; and (c) putting the victim’s head more than twice with the said flag.

The Defendant tried to walk up the victim's face and panty, cut off the victim's chest, prompt the victim's chest, and have a sexual intercourse. However, the victim died of the two kes due to damage, and escaped without having a sexual intercourse.

As a result, the Defendant invaded upon the victim’s residence and tried to rape the victim, but murdered the victim on the attempted crime.

As above, the Defendant is likely to recommit the murder crime in light of the motive and background of the crime, the Defendant’s environment, character and conduct, etc.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. A protocol of seizure, a protocol of inspection of evidence, and a letter of autopsy and appraisal;

1. On-site inspection reports, reports on the occurrence of a change in the body of a prisoner, reports on the investigation of the results of genetic appraisal, reports on the results of autopsy, reports on the results of autopsy, and reports on the investigation;

1. The risk of recommitting the murder crime in the judgment: (a) the following circumstances recognized by the evidence as mentioned above and the statement of the request for a prior investigation into the attachment order; (b) the Defendant committed a sex crime and murder against the victim under 64 years of age; (c) the Defendant’s total of 17 points as a result of the evaluation of the risk of recidivism against the Defendant; and (d) the risk of reoffending with the total of 11 points as an intermediate point of the evaluation of the risk of recidivism against the Korean sex offender (KSORAS); and (e) the risk of reoffending with the total of 15 points as an intermediate point of the evaluation of the evaluation of the risk of recidivism against the sex offender; and (e) it is recognized that there is a risk of recommitting the murder crime against the Defendant, taking into account the motive and background of the crime in this case, relationship with the victim, Defendant’s age, character, conduct, and environment.

Application of Statutes

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

Articles 9(1), 15, and 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Articles 319(1) and 297 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)2 of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Order to complete programs;

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

1. An order for disclosure and notification;

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Issuing an order to attach an electronic tracking device and matters to be observed;

The grounds for sentencing of Articles 5(3), 9(1)1, and 9-2(1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders; 1. The scope of punishment: 10 years to 50 years; imprisonment;

2. Scope of recommendations: Imprisonment for not less than twenty years or for life.

[Determination of Punishment] Sex Offenses, Type 4 (Murder combined with Serious Crimes)

3. The instant crime committed by the sentence decision was committed by the Defendant by intrusion upon the victim’s residence and attempted to rape the victim who is more than 20 years of age and more than 64 years of age. Not only is the very anti-humane but also the victim’s most dignity and grave legal interest, and the crime’s nature is very heavy in light of the motive, consequence, and circumstance of the crime. In light of good character, the victim, who was widely respected to his family members and neighbors, was unable to recover again due to the Defendant’s crime. In addition, the victim’s external wounds, such as suffering from stress disorder and depression, and the victim’s bereaved family members suffered from stress disorder and depression, so that the mother and his family members were unable to live in a life due to the loss of the victim’s family, and thus, the Defendant’s severe punishment is strongly applied to the Defendant. Therefore, the sentence equivalent to the Defendant’s liability is inevitable.

However, the defendant, who led to the confession of the crime in this case, has not committed any sexual crime in depth, and the defendant has not committed any criminal offense beyond the fine except for the power of one suspended sentence in around 193, and in addition, considering the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and the circumstances after the crime, the punishment as ordered shall be determined by taking into account the sentencing conditions as shown in the arguments in this case, such as the age

Registration of Personal Information

Where a conviction becomes final and conclusive for a crime committed in the judgment, 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 thus is obligated to submit personal information to the competent agency pursuant to Article 4

The presiding judge of the Supreme Court;

Judges, Chief Judge

Judge Choi Jin-hun