2018Gohap204, 233 (Joint), 260 (Joint), 695 (Joint)

Rape, Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Compulsion), attempted rape, Ma

Abandon Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes

Mameras and photographing) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Telecommunications)

Use of Media obscenity

A

Dogs (2018 Highest 204), steves (2018 Highest 233), Dogs (2018 Highest 260),

Kim Jong-Hy (2018 Gohap695) (Public Prosecution), Kim Jong-chul, Kim Sung-won (Public Trial)

Attorney Yoon Young-young

August 17, 2018

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Information on the accused shall be disclosed and notified through the information and communications network for five years (However, the summary of the sex offense that is disclosed and notified shall be limited to each of the crimes described in the Decision 2018 Gohap204, 2018Gohap233, 2018Gohap260, 2018Gohap2695).

The defendant shall order the employment restrictions to institutions, etc. related to children and juveniles for ten years.

Criminal facts

“The Defendant and the Victim B (V, 21 years old) came to know through the Internet site C, and around September 13, 2017, the first three persons of the Defendant and the Victim B were to drink in the Dongjak-gu Seoul Metropolitan Government Del E, together with the three persons of the Defendant’s friendship and the Victim B’s E.

On September 13, 2017, from around 09:00 to around 09:50, the Defendant: (a) laid off the Victim B’s arms intending to go from another friendship room from the other friendship room to the her house; (b) cut off the body on the bed; (c) forced the resistance into the bed part; and (d) put the body into the bed part of the bed part of the bed part of the bed part; and (d) inserted the sexual leg into the bed part of the bed part of the bed part. The Defendant raped the Victim B.

2018Gohap233

On November 2017, 2017, the Defendant came to walk the Victim F (F) through Felon C through Felon C, and turned the Victim F into HDD bank located in Dongjak-gu Seoul, Dongjak-gu, Seoul, and the third floor.

On November 12, 2017, around 17:30 on November 17, 2017, the Defendant had the victim F in mind to force the indecent act by force in the guest room No. 8 of the DVD bank, and had the victim F in mind, and tried to keep the chest by inserting his hand into the inside, and forced him to go off.

Accordingly, the defendant committed an indecent act by force against juvenile victim F.

“2018Gohap260

1. Attempted rape;

On February 2, 2018, at around 22:23, 2018, the Defendant had the victim K (n, 18 years of age) known through C at the same alcohol house of "J" located in Dongjak-gu Seoul Metropolitan Government I, and had the victim K (n, 18 years of age) drink and drink, and had the victim K, who was a psychotropic drug that he/she took through water exemption, lost the victim K's mind of alcohol and rape.

피고인은 미리 종이에 싸서 준비해 온 스틸녹스 2정 분량의 가루를 피해자 K가 사용하던 소주잔에 넣고, 화장실에서 돌아온 피해자 K로 하여금 마시게 하려 하였으나 가루가 녹지 않아 술잔이 뿌옇게 된 것을 이상히 여긴 피해자 K에게 발각되어 그 뜻을 이루지 못하였다.

Accordingly, the defendant tried to rape K and attempted to commit rape.

2. Violation of the Narcotics Control Act;

Although the Defendant was not a person handling narcotics, at the same time and at the same place as the case No. 2018 Gohap260 case 1. At the same time and at the same place as the above, the Defendant injected psychotropic drugs-related psychotropic drugs-related stroke (ethyl 2) into the strokem, and attempted to stop this. Accordingly, the Defendant used the stroke method, which is psychotropic drugs.

“2018 Highis695

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (carmers and photographs);

Around September 8, 2017, the Defendant, at the Defendant’s residence located in the Dongjak-gu Seoul Metropolitan Government L Building M, taken a brupt image of the victim N, using a cellular phone with the function of the camera function, and used a cell phone with the function of the camera to have sexual intercourse with the victim N. In doing so, the Defendant taken the body of the victim N, who could cause sexual humiliation or shame using a cell phone with the function of the camera function, against his/her will.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media);

On December 9, 2017, the Defendant sent the images to the victim N's cell phone using the victim N's cell phone, which was installed in the Defendant's cell phone by cutting off the victim N's sexually related video and the like video taken as shown in the case No. 2018, 695.

Accordingly, the defendant sent pictures and videos that cause a sense of sexual humiliation to the victim N with a view to inducing or satisfying his/her sexual desire.

Summary of Evidence

2018Gohap204

1. Defendant's legal statement;

1. The police statement concerning B;

1. Recording records;

1. Response to the request for appraisal;

1. On-site photographs 2018, 233;

1. Defendant's legal statement;

1. The police statement concerning F;

1. Submission of evidential materials and written results of inquiry;

1. A report of investigation (the extract of CCTV inside the DVD bank), a report of investigation (the extract of photographs inside the DVD bank, which is the place of the occurrence of a case).

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The police statement of K;

1. Response to the request for appraisal;

1. A criminal investigation report (on-site verification), a criminal investigation report (or an analysis of files submitted by a victim), and a criminal investigation report (including submission of details, etc. of medical treatment of a suspect);

1. The photograph of seized articles shall be limited to each crime described in subparagraph 2018, 695;

1. Defendant's legal statement;

1. Statement of the N in the police station;

1. A report on investigation (Attachment of related photographs) and a report on investigation (verification as to whether the report is the same as the victim's photograph);

Application of Statutes

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

Article 297 of the Criminal Act, Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Articles 300 and 297 of the Criminal Act, Article 61(1)5 and 4(1)1 and subparagraph 3(d) of Article 2 of the Act on the Control of Narcotics, Etc. (the use of a native drug and the choice of imprisonment), Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the use of a camera, etc., the selection of imprisonment), Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the use of a telecommunications medium, the use of a obscenity

1. Aggravation for concurrent crimes;

Articles 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment prescribed in the judgment of rape with the largest penalty]

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, and the main sentence of Article 21(2) of the Act on the Protection of Children

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. Judgment on the assertion of the accused and the defense counsel under Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse who are subject to employment restriction (2018, 260);

1. Summary of the assertion

Since the Defendant did not know at all the circumstances that the ingredients of ethyl oxide (hereinafter referred to as “the instant drug”) was exempted from the license prescribed by his hospital, the Defendant did not have any intention on the use of psychotropic drugs.

2. Determination

Comprehensively taking account of the following circumstances revealed in accordance with the evidence adopted and examined by the court, it is reasonable to view that the Defendant had sufficiently recognized that the instant medicine constitutes psychotropic drugs, or, at least dolusently, recognized that the instant medicine served in the human central defense system and, when misused or abused, recognized that the instant medicine was in serious harm to the human body.

The defendant's assertion is not accepted.

A. A. Around January 31, 2018, the Defendant visited Pwon and complained of fluor, etc., and upon receiving a diagnosis of WIG disorders, prescribed 10 percent of the instant drugs (one-time medication per hour, one-day medication, one-day administration, and ten days per total number of administered medicines) as prescription drugs. In addition, prior to committing the instant crime, the Defendant was aware of the fact that the instant drugs cannot be claimed without a doctor’s prescription, and that the Defendant would have more strong efficacy in the process of suppression and diving than the water surface guidance system that can be purchased at the general pharmacy.

B. Before committing the instant crime, the Defendant created two of the instant drugs as a powder and wraped them in a paper. The Defendant prepared for the purpose of drinking or drinking water before drinking the victim at an investigative agency on the grounds for keeping the instant drugs separately. At the time, there were many talks about drinking drugs in the same TV, and made a lot of talks about drinking drugs to other parties. However, the Defendant stated that “the purpose of sexual intercourse was to use the instant drugs when drinking and having good effects.”

C. The Defendant initially bling the Victim and the Victim who came to know through C following this part of the crime, and the Victim boomed the instant medicine with the victim’s booms. As such, as the Defendant and the Victim first fell between them on the day of the crime of this part, it appears that the Defendant used the instant medicine for the purpose of leaving the victim in a very complicated state to the extent that it is difficult for the Defendant to have sexual contact with a person who is stringing the victim to commit the crime of this part.

1. Reasons for sentencing: Imprisonment with prison labor for a period of three to forty-five years;

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

A. Rape

[Determination of Punishment] General Criteria for Sex Offenses, Type 1 (General Rape)

[Special Sentencings] Reductions: Non-Punishments

Aggravations: continuous and repeated crimes committed against multiple victims;

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment for 2 years to 6 years, 5 years

(b) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Determination of Type] Crimes of Indecent Act by Compulsion (subject to 13 years of age or older) on the General Standards for Sexual Crimes

[Special Aggravationd Persons] Aggravationd: Continuous and anti-competences committed against multiple victims.

[Recommendation and Scope of Recommendation] Aggravation, 2 years to 8 months to 4 years to 2/3, 2 years to 8 months (in the case of indecent act by juveniles, it is included in Type 2, but it is limited to the maximum and minimum range of sentence, and reduction of 4 to 7 years to 2/3)

(c) Violation of the Act on the Control of Narcotics, etc.;

[Determination of Types] Simple Possession, etc. of Medication (Sariju, Do administration, item (d) and (e)) (no person specially punished)

[Recommendation and Recommendation Scope] Basic Field, Imprisonment from August to June

(d) Crimes of attempted rape: Sentencing does not apply to an attempted crime. A crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amera, etc. and photographing) and a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media): No sentencing guidelines are set;

(f) Scope of recommendations according to guidelines for handling multiple crimes;

Since the crimes for which the sentencing criteria are set and the crimes for which the sentencing criteria are not set are concurrent crimes under the former part of Article 37 of the Criminal Act, the sentencing criteria are set only at the lower limit of the punishment.

The sentencing criteria for crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be based on the lower limit of the range of sentence under the sentencing criteria

3. Determination of sentence;

From September 2017 to February 2018, the Defendant raped the Victim B, committed an indecent act by force against the Victim F, and attempted to rape after having the Victim K drink drink drink with the influence of strokem ingredients. With respect to the Victim N, the Defendant’s act was taken by using mobile phone camera to stroke, and transmitted it. Such act of the Defendant is very bad. In particular, the Defendant continued to commit these crimes while being arrested and detained by committing rape and being arrested for investigation, and the Defendant was tried and interviewed by the law on the commission of crimes. The victims appeared to have suffered considerable physical and mental pain, and the victims appeared to have been subject to considerable physical and mental pain, among the victims, F, NF, and minors, and the Defendant was punished by imprisonment with labor and fine, which would be disadvantageous to the Defendant.

However, the Defendant is a primary offender, and most of the crimes are recognized, and is against themselves. In addition, the rape committed against the Victim K was committed, and the Defendant did not want the punishment of the Defendant by mutual consent with the victim B, N, and only. Such circumstances are considered as favorable to the Defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances that serve as the conditions for sentencing, such as the age, character and conduct, environment, motive, means and method of committing the crime, and the scope of recommended punishment according to the sentencing guidelines.

Registration of Personal Information

In a case where a judgment of conviction becomes final and conclusive on the facts constituting a crime indicated in the judgment, the Defendant becomes 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 of the same Act. The period of registration of personal information of the Defendant is 20 years pursuant to Article 45(1)2 and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the gravity of a sex crime which causes the registration of personal information, the degree of the possibility of criticism, and the circumstances leading to concurrent crimes, etc., the period of registration is not deemed unreasonable

It is so decided as per Disposition for the above reasons.

The presiding judge and the deputy judge;

Regular Category of Judges

For judges the last place: