[Attachment] Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc.

(Death or injury resulting from Rape)

(b) Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims;

(Special Robbery, Rape, etc.): The wife of the sexual crime

Violation of the Punishment and Victims Protection Act (Special Rape), special

Robbery]

(c) Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof;

(Special Rape)

(d) Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof;

(Housing Rape, Rape, etc.)

(e) Injury by robbery: Robbery;

(f) Special robbery;

(g) Larceny;

209 Jeonno21 (Joint Attachment Orders)

Long-heading00 (81************), Agriculture

The technical concentrates of Kucheon-gu, Kucheon-gu

Gyeongbuk-do, Gyeongbuk-do, at its original domicile

Defendant and the person who requested an attachment order and the prosecutor

Freeboard machines

Law Firm Man-Ma, Attorneys Oi-ok*

Daegu District Court Decision 2009Gohap485, 2009Na 7209 Decided December 11, 2009

Judgment

May 20, 2010

The part of the judgment of the court below regarding the defendant case shall be reversed.

As to the crime of No. 1 of the decision of the court below, the defendant shall be punished by imprisonment for 3 years, and the crime of No. 2 through 18 of the

shall be punished by imprisonment with prison labor for 15 years.

All appeals filed by the respondent for attachment order and the prosecutor regarding the part of the attachment order case shall be dismissed.

1. Part of the defendant's case

A. Summary of grounds for appeal

10 Defendant

The punishment sentenced by the court below (two years and six months of imprisonment and twelve years of imprisonment) is too unreasonable.

(ii)a prosecutor;

The sentence sentenced by the court below is too uneasible and unfair.

B. Determination

Defendant has repeatedly committed a crime of larceny, rape, indecent act by force, robbery, etc. by intrusion on a studio, etc. In addition, the victim of a sexual crime also reaches 17 persons (1: 1: 1: and 16: 16). Furthermore, even though Defendant was sentenced to imprisonment for a special robbery, which is a specific violent crime, and was sentenced for two years and six months, again committed a violation of the Punishment of Sexual Crimes and Protection, etc. of Victims Act during the period of the repeated crime (the crime of injury by rape, etc.). Examining each of the crimes of this case committed by Defendant at the time of childbirth, the time of the crime is no longer differentiated from the new wall to the lower time, and thereby, considering the fear of sexual crimes committed by the first time in Busan, the fear of victims, and the fear and sexual humiliation suffered by victims, Defendant needs to be isolated for a long time in this society.

Although the Defendant’s mistake was divided in depth into one’s own mind, the Defendant received a letter by mutual agreement with this year, but the rest victims did not receive a letter, and considering the following circumstances, such as the degree of mental and physical pain and state suffered by the victims, Defendant’s age, sexual conduct, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the lower court’s sentencing is deemed to be unfair rather than being too unreasonable.

2. Part of the attachment order case

The grounds for appeal by the defendant and prosecutor shall not be indicated in the petition of appeal, and the grounds for appeal shall not be indicated in the statement of grounds for appeal, and the judgment of the court below shall not be examined ex officio and reversed.

3. Conclusion

A. Part of the defendant's case

Since the prosecutor's appeal on the part of the judgment of the court below regarding the defendant's case is well-grounded, it shall be reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision shall be

B. Part of the attachment order case

The appeal by the person against whom the request for attachment order and the prosecutor regarding the part of the attachment order case are filed shall be dismissed in accordance with Article 35 of the Act on the Electronic Monitoring of Specific Criminal Offenders and Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Criminal facts and summary of evidence

The summary of the facts constituting the crime recognized by this court and the summary of the evidence is the same as the previous column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

Article 5(1) of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof, and Article 319 of the Criminal Act

Paragraph (1), Article 297 (Occupancys and Rapes), the punishment of sexual crimes, protection of victims, etc.

§ 5(1) of the Act, Articles 319(1), 298(a), and 298(a) of the Criminal Act

Articles 12 and 5(1) of the Act on the Punishment of Violence Offenses and Protection, etc. of Victims, Article 319 of the Criminal Act

section 1, Article 297(1) and Article 297(a) and the punishment of each sexual crime and the victim’s report.

Article 6(1) of the Family Protection, etc. Act, Article 297 of the Criminal Act (the point of gross rape with a deadly weapon), and each sexual assault.

Articles 12 and 6(1) of the Act on the Punishment of Offenses and Protection, etc. of Victims, and Article 297 of the Criminal Act

Article 9(1) of the Act on the Punishment of Sexual Crimes, Protection of Victims Thereof, etc.

Articles 12 and 5(1) of the Criminal Act, Articles 319(1) and 297 of the Criminal Act

Article 9 of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof.

Paragraph 1 and Paragraph 1 of Article 5, Paragraph 1 of Article 319, and Article 297 of the Criminal Act

Article 337 of each Criminal Code (the case of injury resulting from rape) and Article 337 (the case of injury resulting from rape)

The injury by robbery), Article 329 of each Criminal Code (a thief) (a thief), Article 333 of the Criminal Code (a thief) and the Criminal Code

Article 334 (2) and (1), and Article 333 (Possession of Robbery Carrying Deadly Weapons)

1. Commercial competition;

Articles 40 and 50 of the Criminal Code (victims' assistance. Sexual assaults against Prostitution, Kim Jong-young, Kim Jong-young)

Violations of the Punishment of Crimes and Protection of Victims, etc. (Special Rape and Punishment of Sexual Crimes and Victims thereof)

Violation of the Protection, etc. Act (a serious sexual crime between a residential intrusion and rape, etc., and a more serious crime

Punishment of the Act on the Protection, etc. of Victims (Punishments provided for in special rapes)

1. Selection of punishment;

each abandonment of the crimes except for the crime of choice of imprisonment or robbery with respect to larceny

Selection of Imprisonment

1. Aggravation for repeated crimes;

Article 3 of the Act on Special Cases Concerning the Punishment of Specific violent Crimes, the proviso to Article 42 of the Criminal Act / [The Park Dol of the Victim]

and the violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. against each of the crimes and victims.

(Rape, Rape, etc.) and Article 35 of the Criminal Act

The punishment of sexual assault crime against the victim Nos.

Restrictions on the proviso to Article 42 of the Criminal Act on the crimes of violating the Act on the Protection, etc. of Maritime Offenders (Rape, etc.)

[Extent]

1. Handling concurrent crimes;

The latter part of Article 37 and the first sentence of Article 39(1) of the Criminal Act (each crime and judgment against No. 540, Dec. 1,

Special Robbery Crimes between Crimes of Attempted Robbery)

1. Mitigation following the handling of concurrent crimes;

The latter part of Article 39(1) and Article 55(1)3 of the Criminal Act (the crime of attempted special robbery as decided by the judgment)

at the same time, taking into account the equity in the case of a judgment)

1. Aggravation of concurrent crimes;

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

C. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. with heavy punishment

3)Aggravating concurrent crimes (the total of the long-term punishments in two offences) with the penalty prescribed in the crime; the remaining maximum;

The punishment of sexual crimes, protection of victims, etc. against the most severe victim booms;

Concurrentness within the limit of the proviso of Article 42 of the Criminal Act with the punishment provided for in the crime of violation of the Act.

【Aggravation】

Maternity

Rapped money exchange

Senior Security Officer;