2013Gohap1409 Violation of the Special Act on the Punishment, etc. of Sexual Crimes

2014. Written order to attach 2014. Written order

Claimant

A

Kim Young-young (prosecution), Jin-young (Trial)

Attorney B (Korean National Assembly)

March 18, 2014

A defendant shall be punished by imprisonment for three years.

except that the execution of the above sentence shall be suspended for five years from the date this judgment became final and conclusive.

The defendant shall be subject to probation for three years and to take lectures for sexual assault treatment for 40 hours.

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

The request for the attachment order of the location tracking device of this case is dismissed.

Criminal facts

On August 4, 2013, at around 05:49, the Defendant found the victim D (here, 23 years of age) who returned home in Gwanak-gu in Seoul Special Metropolitan City, and tried to rape the victim, followed by the victim, and intruded with the victim into the 1st floor door door prior to the opening of the door where the victim wants to enter the 1st floor door door door, and then opened the door and re-enter the door into the stud door door door door of the victim before the studio door in which the victim resides, according to the stairs, the Defendant attempted to rape the victim by driving the studs of the victim from the back of the studs room room of the victim before the studio door door in which the victim resides, and by driving the studs of the victim into the studs room and by other hand, led the victim into the studs room, and led the victim to rape.

Accordingly, the defendant attempted to rape the victim by impairing the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police prepared D;

1. E statements;

Application of Statutes

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

Articles 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)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. Orders for probation and education;

Article 16 (4) and the main sentence of Article 16 (2) of the Act on Special Cases Concerning the Punishment, etc.

1. Order to disclose and notify;

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

Registration of Personal Information

If the facts of the crime in the judgment are found guilty, 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.

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Application of the sentencing criteria: An attempted offender, thus the sentencing criteria shall not apply; and

3. Determination of sentence: Three years of imprisonment and a stay of execution; and

From a big path to the new wall time, the Defendant attempted to rape by following the victim's residence. In light of the method of crime, details of damage and the same kind of power, etc., it is not good to commit the crime and commit the crime.

However, in light of the fact that the tool was not used at the time of exercising the force of force, the rape committed in the judgment was committed, and that the defendant paid the victim with a serious amount of compensation for damage as agreed upon, and received a written application for punishment from the victim, etc., the correction disposition in society should be taken in order to prevent re-offending through taking probation and sexual assault treatment courses, instead of suspending the execution of the sentence only once more than being isolated from society for a long time after the sentence of the defendant was sentenced. Therefore, it is so decided as per Disposition.

Judgment on the request for attachment order of location tracking device

1. Summary of the request for attachment order;

Pursuant to Article 5(1)4 of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders (hereinafter referred to as the "Act"), a prosecutor shall place a person who requests an attachment order on the ground that he/she has committed two or more sexual crimes and is likely to recommit such crimes.

A request for an electronic tracking device attachment order was made.

2. Determination

Since the suspension of execution is imposed on the specific crime case of this case against the person for whom the attachment order was requested, the request for the attachment order of this case is dismissed pursuant to Article 9(4)4 of the Act.

The presiding judge shall be a judge.

Judges Kim Gung-sung

Judge Freeboard