2017Gohap33 Act on the Punishment of Sexual Crimes and Protection, etc. of the Victims thereof

Prohibition (Rape of Minor under thirteen years of age) and Punishment of Sexual Crimes

Violation of the Act on the Protection, etc. of Victims

Commission on the Punishment, etc. of Sexual Crimes

Prohibition against the disabled, punishment of sexual crimes, etc.

Special Cases concerning the Violation of the Act on Special Cases (Indecent Act by Indecent Act)

2017.Saccinal 4 (Joint Attachment Orders)

A

Criminal prosecution, charge or public trial

Attorney B (Korean Office)

August 29, 2017

A defendant shall be punished by imprisonment with prison labor for 12 years.

Disclosure of information on the accused shall be made public and notified through the information and communications network for ten years (Provided, That sex offenses subject to disclosure shall be limited to the crimes of paragraphs 1 and 3 of the same facts, and sex offenses subject to notification shall be limited to the crimes of paragraph 3 of the same facts

To the person subject to the request for attachment order, the attachment of an electronic tracking device shall be ordered for 20 years.

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

Criminal facts

2017Gohap33

【Criminal Power】

On May 13, 2003, the Defendant and the person subject to a request to attach an attachment order (hereinafter referred to as the “Defendant”) were sentenced to imprisonment with prison labor for not more than five years and completed the execution of the sentence on August 24, 2007, with the Seoul High Court on May 13, 2003, on the grounds of violations of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Rape, etc.) (hereinafter referred to as 13 years of age). The victim C (hereinafter referred to as 20 years of age) is the victim’s relative to the Defendant at Grade 3 of intellectual disability. While living together with the Defendant’s parents and the victim, the Defendant was willing to commit rape or indecent act by taking advantage of the victim’s lack of normal judgment ability due to mental disorder.

In 209, the Defendant: (a) she was sexual intercourse with a minor under the age of 13 by entering the victim’s room and leaving the victim’s clothes (at that time, 12 years of age) at night; (b) her body at night at night; and (c) her body by taking out the victim’s clothes; (d) her body; and (e) her sexual intercourse; (b) she was sexual intercourse with a minor under the age of 13.

The Defendant exceeded the clothes of the victim (age 13 at that time) at the place specified in Paragraph (1) of this Article, at the time of December, 2010, and led the victim to the body of the Defendant by suppressing the victim with the wall, and raped the victim who had sexual intercourse with the victim, after suppressing the victim’s resistance.

In spite of the Defendant’s sexual assault over a long-term period, the Defendant recognized the fact that the Defendant was unable to request for assistance from the surrounding area due to intellectual disorder, and thought the victim to have a similarity act against the victim. A. A. A. A. the crime committed on February 18, 2017.

On February 18, 2017, at around 14:00 to 16:00, the Defendant met the chest of a victim (at that time, 20 years of age) who was in progress in the place specified in paragraph (1), exceeded the clothes of the victim, returned the body of the victim to the right side of the floor, cut the victim’s door to the right side, and forced the victim’s resistance to the right side of the floor, cut down the victim’s resistance into the victim’s resistance, put the victim’s sexual flag into the victim’s an act of similarity against the disabled victim. B. The crime committed around March 4, 2017.

On March 4, 2017, at around 14:00 to 16:00, the Defendant: (a) directed the victim’s resistance; (b) forced the victim to leave the victim’s body by taking advantage of the victim’s chest and fluor; and (c) forced the victim to leave the victim’s body while refusing to leave the victim’s body; and (d) attempted to put the Defendant’s sexual organ into the victim’s resistance; but (b) failed to bring the Defendant’s father into the door of opening and entering the visit. 4. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (indecent act by blood)

On March 1, 2017, at around 14:54, to 16:00, the Defendant forcedly committed an indecent act against the victim, who was in kinship with his/her chest and her own will and clothes after suppressing the victim’s resistance, by preventing the victim from leaving his/her body in his/her hands by enjoying them in the side of the victim’s seat at the places specified in paragraph (1).

[criminal record] On February 26, 1997, the defendant and the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") were sentenced to a suspended sentence of one year and one-year imprisonment with prison labor for the crime of indecent act by force, etc. on February 26, 199, and sentenced on May 25, 200 to one year and six months for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Rape, etc. of Minors). On May 13, 2003, the Seoul High Court sentenced five years of imprisonment with prison labor for the crime of violation of law (a minor under thirteen years of age) committed against the Punishment of Sexual Crimes and Protection of Victims, etc. on August 24, 2007. In addition, the defendant was subject to an attachment order for a location tracking device for a specific criminal on February 21, 2014 and completed the execution of the sentence on August 24, 2007.

The Defendant has already been punished for a sexual crime on three occasions, and the electronic device is attached thereto, and the Defendant has continuously committed sexual assault over eight years from 12 to 20 years of age until he/she reaches the age of 12 to 12. The abstract of evidence is highly likely to repeat a sexual crime.

1. Partial statement of the defendant;

1. The police statement on stenographic records of the statement of damage, video recording CDs in the damaged statement, and protocol of police statement on 1.E;

1. Reports on internal investigation (the first obtaining of damage details and the details of the report on the case), investigation reports (the results of interview with the victim's friendship), internal investigation reports (the details of hearing the victims of sexual assault), internal investigation reports (Attachment to a suspected victim's family relation certificate, victim's family relation certificate, disabled person certificate, etc.), investigation reports (Attachment to a recording file at the time of committing a crime), investigation reports (the reception of electronic sabin, details of inquiry, and partial correction of the date and time of the crime), investigation reports (Attachment to

1. Previous records: Criminal records, investigation reports (report on the facts of crimes during the period of repeated crimes of a suspect), and investigation reports (report on the same kind of records of a suspect);

1. The risk of recidivism and the recidivism of a sexual crime as indicated in the judgment: (a) the following circumstances recognized by a claim prior investigation report on the evidence and the probation status notification as follows; (b) the defendant has been convicted of having committed a sexual crime more than three times; (c) the defendant was sentenced to imprisonment for a sexual crime and committed the crime in this case during the period of the repeated crime and the location tracking device attachment; and (b) the defendant was assessed as having a total point 20 points as a result of the evaluation of the risk of recidivism of the Korean sex offender at the time the above location tracking device attachment order was issued by the defendant at the time of the above location tracking device attachment order (K-SORS), and considering the defendant's age, character and behavior, and motive and circumstances, it is recognized that the

Judgment on the argument of the defendant and defense counsel

The defendant's defense counsel filed an application for a mental appraisal with respect to the defendant, claiming that the defendant has a disability of class 3 of intellectual disability and lacks the ability to discern things or make decisions. However, according to the evidence duly adopted and investigated by the court, the defendant is deemed to have been in a state of mental disability at the time of each crime of this case. However, according to the evidence duly adopted and investigated by the court, the defendant performed his/her intellectual disability at a level of 50 with overall intelligence, but he/she performed his/her own social and vocational functions relatively in a relatively consistent manner before detention, served as a long-term voluntary security guard, and it seems that he/she properly understood basic social norms and customs, and it cannot be deemed that the defendant had a lack of the ability to discern things or make decisions at the time of the crime of this case.

1. Article applicable to criminal facts;

(a) Crime of paragraph (1) in its holding: Article 8-2 (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; hereinafter the same shall apply), Article 297 of the Criminal Act [the fact that a minor is rape under the age of 13: Provided, That the upper limit of punishment shall be 15 years prescribed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter the same shall apply];

(b) Crime of paragraph (2) in its holding: Article 7 (1) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof, Article 297 of the Criminal Act.

(c) Crime under paragraph (3) of the same Article: Article 6 (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of similar act of persons with disabilities) and Articles 15 and 6 (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the attempted act of similar act of persons

(d) Crime of paragraph (4) of the same Article: Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of indecent act by compulsion in the relatives' awareness);

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act, the proviso to Article 42 of the former Criminal Act (as to the crimes of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (as to the minor rape under thirteen years of age), the upper limit of punishment shall be twenty-five years prescribed in the proviso

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the Criminal Act [Aggravation of concurrent crimes against a person with a disability as prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (similar Acts to Persons with Disabilities)]

1. proviso to Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Subject to Failure to complete a program (as a result of imposing the completion of a sexual assault treatment program on the accused by issuing an order to attach an electronic tracking device to the accused, the order shall not be imposed separately);

1. An order for disclosure and notification;

A. The crime of paragraph (1) of the same Article (Order for Disclosure): Article 5(1) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 11572, December 18, 2012), Article 49(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse

(b) Crime of paragraph (3) of the judgment: Articles 49 (1) 2 and 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Exemption from an order for disclosure and notification;

A. The crime of paragraph (2) of the holding: Article 5(1) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 11572, Dec. 18, 2012), the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

B. The crime of paragraph (4) of the holding: the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (this part of the crime and the name of the crime are expected to cause secondary injury to the victim of kinship in the event of disclosure or notification due to rape and indecent act by blood. Thus, it is judged that there are special circumstances that the personal information of the defendant should not be disclosed or notified to the crime of this part)

1. An attachment order;

The facts constituting the crime of paragraphs 1 and 2 of the holding: Articles 5(1) and 9(1) of the former Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (Amended by Act No. 10257, Apr. 15, 2010; 10 years, respectively)

The facts constituting the crimes listed in Article 3 and 4 of the judgment: Articles 5(1) and 9(1)2 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (not less than three years but not more than twenty years, respectively)

2. Where an attachment order is issued simultaneously with respect to several specific crimes: The period of attachment of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (similar act with disabilities) with the largest statutory penalty pursuant to Article 9(2) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders shall be aggravated by up to 1/2 (applicable to crimes of paragraphs 3 and 4 of the market).

1. Imposition of obligations;

Reasons for sentencing under Article 9-2 (1) 2-2, 3, 4, and 5 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders; 1. The scope of punishment: Imprisonment with prison labor for up to 7 years; 45 years;

2. The scope of recommendations: Imprisonment for not less than seven years; and

(a) Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Minor Rape under thirteen years of age);

The sentencing criteria are not set.

(b) Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Rape in relatives);

The sentencing criteria are not set.

(c) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on February 18, 2017 (similar act with a disabled person);

[Scope of Recommendation] General Criteria for Sex Offenses against Persons with Disabilities (At least 13 years of age) : Aggravation of Aggravation of Type 3 (Compulsory Similar Nature) (6 years to 9 years of age)

[Special Persons] A habitual offender:

D. On March 4, 2017, a person who attempted to commit a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (similar to disabled persons) does not apply the sentencing criteria.

(e) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

[Scope of Recommendation] General Standard of Indecent Act by Indecent Act by Compulsion(Indecent Act by Indecent Act by Indecent Act by Force, Indecent Act by Force, etc. by Forced Act by Forced Act by Forced Act by Forced Act by Forced Act by Forced Act by Forced Act by Forced Act by Forced Act by Forced Act)

[Special Persons] A victim who is vulnerable to a crime, or habitual offender;

* The scope of final sentence due to the aggravation of multiple crimes: the crimes on which the sentencing guidelines have been set for at least seven years of imprisonment and the crimes on which no sentencing guidelines have been set are concurrent crimes under the former part of Article 37 of the Criminal Act; therefore, only the lower limit of the scope of the recommended sentence for the crimes on which the sentencing guidelines have been set (six years of imprisonment) shall be considered, but no punishment may be imposed lower than the lower limit of the statutory applicable sentence

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

Although the Defendant was responsible for protecting the victim’s physical and mental growth as friendly father of the victim, the Defendant committed the instant crime with a view to neglecting his/her duty to protect the victim’s physical and mental growth, and resolving his/her distorted sexual desire, and there is a need for strict division in that the victim’s sexual crime against children and juveniles may cause serious mental and physical harm, and may have a serious adverse effect on the victim’s mental and physical development throughout his/her life. The Defendant appears to have been raped with the victim or interfered with his/her resistance for eight years from 12 to 20 years, and the Defendant did not have serious mental and physical suffering from the victim. Nevertheless, the Defendant did not have sufficient personal information against the victim. However, even though the Defendant did not have a 3rd degree of disability, the Defendant does not have any duty to properly understand basic social norms and customs for the victim, and does not have any other duty to submit the amended law concerning the crime of sexual abuse, the circumstances and circumstances of the crime of this case, as stated in the judgment below.

Article 33(1) and Article 34(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11047, Sep. 15, 201)

Articles 42(1) and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

(Presiding Judge)

Mashee

United Kingdom of America

1) The facts constituting the crime of Paragraph 2 of the holding were committed on the basis of a monthly and non-monthly basis in 2010, and thus, the punishment of a sexual crime committed against the Defendant and the protection of victims, etc.

The law of Korea and the former Criminal Code shall apply respectively.

2) The facts constituting the crime of Paragraph 2 of the holding were committed on the monthly and irregular basis in 2010, and therefore, the Defendant does not engage in a repeated crime favorable to the Defendant.

3) This part of the crime is not subject to an order of notification due to sexual assault against a child or juvenile before December 31, 2010.

4) See note 3).

Site of separate sheet

Matters to be observed

During the location tracking device attachment period:

1. To restrict the residence of defendants to a Si/Gun/Gu having jurisdiction over the place of residence, which has reported to the head of a probation office: Provided, That this shall

Where the defendant travels outside his/her place of residence, the reason, period, and line to the probation officer in charge;

land, etc. shall be reported and permitted in detail.

2. He/she shall not access without the victim's prior request by any means, such as delivery or contact;

4. They shall not engage in voluntary activities as voluntary crime prevention guards;