2018Gohap485 Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (States)

Rape, etc.)

A

Audio-hee (prosecution), Kim Jong-il (Trial)

Law Firm B

Attorney C

July 6, 2018

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

To order the accused to receive probation for three years, to provide community service for 120 hours, and to take lectures in sexual assault therapy for 40 hours.

Criminal facts

At around 01:10 on November 10, 208, the Defendant continued to commit a self-defense act while opening a door door that was not corrected at the residence of the victim E (the age of 17) located in Gangdong-gu Seoul Metropolitan Government D (the age of 17) and exposing the knee to knee by entering the house and exposing the knee to knee, the Defendant continued to commit an indecent act on the victim’s residence by forcing the victim to knee the knee of the knee, and allowing the victim to knee the knee of the knee of the knee, and allowing the victim to knee the knee of the knee of the knee of the knee to the knee of the knee of the knee? The Defendant forced the victim to commit an indecent act by force on the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A gene appraisal report;

Application of Statutes

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

Article 5(1) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (Amended by Act No. 10258, Apr. 15, 2010); Article 319(1) and 298 of the Criminal Act; the main sentence of Article 42 of the former Criminal Act (Amended by Act No. 10259, Apr. 15, 2010); Article 42 of the former Criminal Act (Amended by Act No. 10259, Apr. 15, 2010)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Probation, order to provide community service and attend lectures;

Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Exemption from disclosure orders:

Article 5 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 9765 of Jun. 9, 2009), the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 37(1) and (4) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 9765 of Jun. 9, 2009) (it is difficult to readily conclude that the defendant has a habitle to sexual assault), the personal information registration and lecture order against the defendant can only be seen to have an effect of preventing recidivism. In addition, comprehensively taking into account all the circumstances such as the adverse effects and anticipated side effects that the defendant suffers, and the age, occupation, family environment, social relationship, motive, means, and result of the instant crime, etc., the sentencing of the defendant's personal information should not be disclosed. The scope of imprisonment with prison labor for a period of two years to June 6, 2006).

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

[Scope of Recommendation Form 2 (Indecent Act by Indecent Act by Indecent Act by Indecent Act by Indecent Act by Indecent Act by Indecent Act, Residence by Relatives, etc./Special Indecent Act by Indecent Act by Indecent Act by Force)

[Special Mitigation] Ad hoc Inspector

[Scope of Recommendation] Imprisonment of 1 year and 6 months to 3 years

[Scope of the revised Recommendations] Two years and six months to three years of imprisonment (the minimum of the statutory penalty is lower than the minimum of the statutory penalty, so the minimum of the recommended punishment is set at the minimum of the statutory penalty)

3. The crime of this case by which the sentence of sentence was rendered is deemed to have been committed by the Defendant by intrusion upon the residence of the victim who was 17 years of age at night, and by committing an indecent act on the part of the victim who resisted against the order, and the method of crime and the nature of the crime is not good. The victim who was a minor at the time of such act by the Defendant appears to have suffered considerable physical and mental pain. Such circumstance is unfavorable to the Defendant.

However, the Defendant is against the recognition of the instant crime, and there is no penalty heavier than a fine. In addition, the Defendant compensates for damages and receives a letter from the victim, and the victim does not want the punishment against the Defendant. Such circumstances are favorable to the Defendant. The aforementioned circumstances are the circumstances favorable to the Defendant. In addition, comprehensively taking into account various circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and method of the crime, and the scope of recommendations according to the sentencing guidelines, etc., the punishment as set forth in the

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a crime 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 is obligated to submit personal information to the competent agency pursuant to Article 43

The presiding judge and the deputy judge;

Regular Category of Judges

For judges the last place: