2019Gohap394 Violation of Special Act on the Punishment, etc. of Sexual Crimes

2019Gohap397 (Joint Rape, etc.), special residence intrusion, injury, fire fighting

2019Gohap398 (Joint) Violation of the Framework Act

2019. Consolidated order to attach 201.21

A

A motion to file a prosecution or an attachment order (request to file a prosecution and an attachment order), a prosecution for personal injury, or a trial for personal injury;

Attorney Shin Shin-chul (Korean)

January 31, 2020

A defendant shall be punished by imprisonment with prison labor for twelve years.

The information on the accused shall be disclosed and notified through an information and communications network for ten years.

For the accused, an employment restriction shall be ordered to the child and juvenile-related institutions, etc. and welfare facilities for persons with disabilities for ten years.

To the person subject to the request for attachment order, the attachment of an electronic tracking device shall be ordered for 15 years.

Matters to be observed in the attached Form shall be imposed on the person requested to attach an attachment order.

Criminal facts and the facts constituting the attachment order

【Criminal Power】

On July 13, 2017, the defendant and the person against whom the attachment order was requested (hereinafter referred to as the "defendant") were sentenced to imprisonment with prison labor for two years and fine of three million won in the Seoul Northern District Court on March 30, 2019 and completed the execution of the sentence.

【Criminal Facts】

"2019 Gohap394"

From September 28, 2019, the Defendant, while residing in Dongdaemun-gu Seoul Metropolitan Government Broomburccom C, was aware of the fact that there is maskis under the floor space of the third floor cirst, and was willing to rape the victim E (one name, half, and fifty-two years old) by using the maki.

On October 21, 2019, at around 23:00, the Defendant: (a) placed a food blade (total length: 31cc; 19.5cc.) which is a dangerous object possessed in the main room for public use of the fourth floor; (b) placed in hand a knife (total length: 31cc., 19.5cm: : 19.5cc.) and intruded into the victim’s residence.

The Defendant discovered the victim who was divingd above the victim's residence, knife the above knife of the victim's knife, which is an object dangerous to the victim's knife, and knife the victim's knife by blocking the victim's knife with his knife, blocking the victim's face with his knife with his knife, preventing the victim from resisting. After demanding the victim's sexual intercourse, the Defendant laid off the victim's clothes from the victim's body to the part of the other victim's knife the victim's sexual organ, added the victim's sexual organ to the part of the victim's sexual organ, inserted the victim's sexual organ into the part of the victim's knife.

As a result, the defendant invadedd the victim's residence with dangerous things and raped the victim, thereby causing bodily injury to the victim, such as a spathal of the baby in need of medical treatment for about 28 days.

"2019 Gohap397"

On August 27, 2019, at the office of the 'G' in the F and fourth floor in Dongdaemun-gu Seoul Metropolitan Government on August 23:47, 2019, the Defendant suffered bodily injury, such as damage to the victim’s face and part of the victim’s face, which was requested by the Defendant to replace the healthy area of air-conditioner, on the ground that the victim H (the 25 years of age) takes the desire to take care of the victim, making the victim H (the 25 years of age), who was the general secretary of the 'F and fourth floor of the Dongdaemun-gu Seoul Metropolitan Government on the ground that he was able to take care of the victim, making the victim's face and part of the part of the victim's face and part of the part of the victim's back to the stroke floor on several occasions.

"2019 Highly398"

No person shall obstruct fire extinguishment, lifesaving or first-aid services by using violence or intimidation to fire fighter dispatched without justifiable grounds.

Nevertheless, at around 19:47 on June 6, 2019, the Defendant was transferred to K Hospital located in the Gwangjin-gu Seoul Special Metropolitan City by the 119 first responders who received a report that the Defendant was injured by the Defendant, and then was transferred to the K Hospital located in the Seoul Special Metropolitan City Gwangjin-gu. On the same day at around 20:24 on the same day, Ma and N, who is an emergency worker of the Seoul Central Tran Fire Safety Center, may also be difficult to issue a written diagnosis of injury even at another hospital, while the Defendant received a guidance that it is impossible to issue a written diagnosis of injury on the day at the front of the emergency room of the above hospital and demanded the transfer to another hospital.

Accordingly, the defendant interfered with emergency medical services by assaulting the fire fighter dispatched without justifiable reasons.

[Facts of Grounds for Attachment Order (2019, 201)]

On August 18, 2006, the Defendant was sentenced to 10 years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (special robbery, rape, etc.) at the Seoul Northern District Court, and completed the execution of the sentence on August 15, 2016. On April 6, 2016, the Defendant committed the crime of rape under the above Article 2019No394, a person with the record of being equipped with an electronic tracking device for five years following the first instance judgment at the original branch of the Chuncheon District Court. On August 27, 2002, the Defendant committed the crime of rape under the above Article 2019No394, which was sentenced to imprisonment for a maximum term of two years and a short term of one year and six months at the Seoul Northern District Court on August 27, 2002, and committed the crime of rape under the above Article 2019No394.

Summary of Evidence

"2019 Gohap394"

1. Defendant's legal statement;

1. The police statement of E;

1. Investigation reports (Hearing statements, etc. of victims) and investigation reports (Hearing statements of victims);

1. Records of seizure, lists of seizure, photographs of seized articles (Evidence No. 186-1 pages of evidence records)

1. Photographss and photographs of the victim;

1. A CCTV closure;

1. Each injury diagnosis letter;

"2019 Gohap397"

1. Defendant's legal statement;

1. The police statement of H;

1. A H statement;

1. A written diagnosis of injury;

"2019 Highly398"

1. Defendant's legal statement;

1. Each police protocol of statement against M and N;

1. Data from CCTV images of ambulances;

Criminal Records

1. A statement of criminal records, etc. (Article 143 pages out of the steam register of 2019, 394);

1. Court rulings (No. 194 pages of the steam register of 2019Gohap394);

1. Current status of accommodation by individual (No. 205 pages of the steam register of 2019,394);

The risk of recidivism and recidivism of a sexual crime in the judgment: (a) the following circumstances acknowledged by the investigation report (the report on confirmation of the same type of force), the investigation prior to the request for an attachment order, and the investigation into the attachment order, were sentenced to punishment; (b) the defendant was sentenced to the crimes of rape, injury to sexual crime, violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (special robbery, etc.); and (c) the above three crimes, including the crimes in this case, are crimes of serious rape; (c) the degree of the above three crimes is the crimes of rape; (d) the evaluation of the risk of sexual offenders in Korea against the defendant; (c) the evaluation of the risk of sexual offenders in this case is the level of 17 points above the total point; and (e) the level of 27 points above the total point as a result of the evaluation of the examination of the PC-R level of mental disorder screening (PC-R); and (e) the risk of recidivism and recidivism of a sexual crime by the defendant can be recognized.

Application of Statutes

1. Article applicable to criminal facts;

Articles 8(1) 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, Articles 8(1) and 4(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 297 of the Criminal Act, Articles 320 and 319(1) (a) of the Criminal Act, Articles 257(1) of the Criminal Act, Articles 50 subparag. 1(c) and 16(2) of the Framework Act on Fire Services (a crime committed by a fire brigade)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act : Punishment for a violation of the Act on Special Cases concerning the Punishment, etc. of Each Sexual Crimes, and Special Residence Intrusion between Crimes: Punishment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Caused by Carrying, Rape, Rape, and mutually violating each Framework Act on Fire Services: Punishment for a violation of the Framework Act on

1. Selection of punishment;

A violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: Selection of limited imprisonment;

The crime of injury, the crime of violation of the Framework Act on Fire Services: Determination of imprisonment;

1. Aggravation for repeated crimes;

Articles 35 and proviso of Article 42 of the Criminal Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, Article 50, and proviso of Article 42 of the Criminal Act

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, the main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. An employment restriction order;

The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the main sentence of Article 59-3(1) of the Act on Welfare

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

Article 5(1)1, 2, and 3, Article 9(1)2, and Article 9-2(1)1 and 4 of the Act on Probation, Electronic Monitoring, etc. of Specific Criminal Offenders

Registration of Personal Information

Where a conviction becomes final and conclusive for the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, a 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 the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act. Meanwhile, in full view of the above crimes which cause the registration of personal information, the punishment of each of the above crimes and the remainder of the crimes, the severity of the crimes, etc., in this case, it is deemed that the period of registration of personal information is not necessary to be set more than the period according to the sentence pursuant to Article 45(4) of the Act on Special Cases Concern

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than ten years nor more than 50 years;

2. Scope of recommended sentences according to the sentencing criteria;

A. While the sentencing guidelines are not applicable to the ordinary concurrent crimes, the sentencing guidelines are not applicable, the punishment should be taken into account for the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes resulting from Residence, Rape, Injury and Special Rape (Rape, Inflicting, etc.) and the recommended punishment for the injury in order to be proper.

(b) A crime of in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes resulting from a residential intrusion, rape, injury, or special rape;

1. Rape, such as intrusion upon residence, etc.

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment of 8 years to 13 years

(c) Bodi injury;

[Determination of Type 1] In general injury to a violent crime / [No. 1] General injury

[Special Aggravations] Aggravations: Cumulative Offense

[Recommendation and Scope of Recommendation] Aggravation, 6 months of imprisonment or 2 years and 6 months of imprisonment

3. Determination of sentence: 12 years of imprisonment; and

The Defendant had already been sentenced to punishment for rape injury in the case of juvenile, and in particular, on August 18, 2006, the Seoul Northern District Court sentenced the victim to imprisonment with prison labor for 10 years by threatening the victim with a knife and committing robbery, and was punished for committing rape injury. The Defendant again committed the crime of rape injury in the case of this case, and the Defendant had a record of being punished for several violent crimes. In particular, on July 13, 2017, the Seoul Northern District Court sentenced two years of imprisonment with prison labor and three million won of fine and completed the execution of the punishment, and committed the crime of violation of the Framework Act on Fire Services before the lapse of six months from March 30, 2019. The crime of rape injury in the case of this case was prepared for and committed with a knife prior to intrusion upon the victim’s residence, and it is highly dangerous that the Defendant committed the crime of rape injury in the case of this case, and it is highly dangerous that the Defendant committed the act of this case with multiple motives and resistance.

Of course, it is recognized that the defendant recognized the crime of this case in this court and violated the law, and that the defendant's excessive or present environment was not good. However, the defendant seems to have an opportunity to reflect and improve his wrong behavior several times in the course of punishment after having been investigated and tried several times. Nevertheless, it is inevitable for the defendant who committed the crime of this case to have committed the crime of this case.

The sentence shall be determined as ordered by taking into account such circumstances and all other conditions of sentencing as shown in the pleading.

Judges Masung-young

Judges Dok-hee

Judges next to that of judges

A person shall be appointed.