(영문) 춘천지방법원 2013.9.27.선고 2013고합85 판결

The information on the accused shall be disclosed and notified through an information and communications network for five years (Provided, That it shall be disclosed and

The summary of the notified crime is limited to each rape of the judgment.

Reasons

Criminal facts

"2013, 85"

On July 2012, 2012, the Defendant visited the Victim C (V, 28 years of age) with a customer, and had been aware of the victim with the victim, detained the victim with the desire to engage in rape.

From July 2012 to August 10, 2012, the Defendant talked that “A is a member of the National Assembly member of the Republic of Korea, who is satisfy, the fourth string, and the fourth satisfying, who is engaged in activities on the side of B” to the victim from early July 2012 to around August 10, 2012, and the Defendant saw that “A satisfy, who was hidden at a place inside the inside of the satisfy and satisfy so that the victim was found to have satisfy, and that the Defendant satisfyed by means of violence by creating the “E” and his satisfy, a false letter, and showing himself to the victim, etc.

1. Illegal confinement;

Around August 10, 2012, the Defendant: (a) talked with the victim before the victim’s house in Seoul, “I Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y YY YY YY YY YY YY YY YY Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y, Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y YY Y YY Y YYY YYY Y.

2. Rape;

A. On August 2012, the Defendant, at around 02:00, threatened the victim in a mutually influencing tele room located in front of the JJ Station, and threatened the victim with sexual intercourse by threatening the victim “I wishing to engage in the AC funeral service on the island of the tea unless he/she has sexual intercourse.” The Defendant, at around 02:0 on August 2012, 201, threatened the victim to “I will go to go to the AC funeral service on the island with the victim’s sexual intercourse once.”

B. Around 02:00 on August 19, 2012, the Defendant: (a) brought about losses on the part of the victim, who was born in the guest room located in the K Moelho Lake located in the Gabbus, and (b) took action to cause the victim to die or die; (c) rhumd the victim’s body that refuses to engage in sexual intercourse with the victim’s body, and forced the victim to go off his clothes by force, and sexual intercourse with the victim once.

C. Around 02:00 on August 26, 2012, the Defendant: (a) threatened the Defendant with the Ludio 203 of the Ludio 203, which is located in Seosan, “Any person who has no other way to resolve this day; (b) is tracking us; (c) she will be dead from 4 early early 200. The Defendant threatened her so doing. Domination is how much the people are influence; (d) she would be able to see how much the people are influence; and (e) she would have been able to see the police officer’s body because she is not good, and raped by having sexual intercourse once.

D. At around 10:00 on August 28, 2012, the Defendant: (a) threatened the victim with his own spirit as if he were the victim; and (b) threatened the victim with his sexual intercourse once by threatening, “whether he was subjected to her son; (c) whether her son was the customer; and (d) if her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

E. On September 1, 2012, around 03:00, the Defendant: (a) 03:00, the Defendant viewed the victim as “the homicide who is far away from the escape of the sphere,” and (b) sphere the Whiteer to see the Whiteer, and (c) prevented the victim refusing sexual intercourse from resisting with both arms, and forced the victim to go off the clothes of the victim, and forced the victim to have sexual intercourse once.

F. At around 02:00 on September 2012, the Defendant 201: (a) committed so, as a person who had a bitch 203 of the above Lbud; (b) died of a bitch bitch bitch far farb, farc, farc; (c) farced the victim, by threatening the victim to “a farcingly farc farb farc farc. farc. f. f. f. f. h.

사. 피고인은 2012. 10.중순 15:00경 위 L원룸 203호에서 피해자에게 “전에도 줘 놓고 왜 또 못 주나, 씹할 년이 말이 많네”라고 하면서 피해자를 잡아당겨 양팔로 꼼 짝 못하게 하여 반항을 억압한 후 피해자의 옷을 강제로 벗기고 1회 간음하여 강간하 였다 .

H. On October 1, 2012, around 03:00, the Defendant: (a) 03:00, when the victim voluntarily refused to complete the sexual intercourse; (b) forced the victim to take off his/her clothes for the victim on two arms; and (c) forced the victim to take off his/her clothes; and (d) engaged in sexual intercourse once.

Accordingly, the Defendant raped the victim eight times.

"2013 Gohap91"

1. Larceny;

A. At around 18:30 on January 6, 2013, the Defendant: (a) stolen each of the instant Samsung Card and Nonghyup C&C Card, which is owned by the victim, from the victim’s clothes located in the victim’s clothes located in the “N, operated by the mother of the victim’s Ma who was in the Gangwoncheon-gun, Gangwon-do.”

B. On January 19, 2013, at around 11:00, the Defendant: (a) committed a theft with one mobile phone of an amount equivalent to KRW 800,000,000 in the market price, which is the victim’s possession at the victim P located in Gangnam-si; (b) one mobile phone of an amount equivalent to KRW 30,00,000 in the market price, which is the victim’s possession; (c) 30,000 won in cash;

C. On January 19, 2013, the Defendant posted a new bank body card in the name of P, which was stolen as referred to in the foregoing Paragraph (b), at the cash withdrawal machine within Gangnam-si, Gangnam-si, 04, and withdrawn 5.6 million won in cash owned by the new bank that was known to the Defendant in advance and stolen the password.

2. Fraud;

A. The Defendant made a false statement to the victim M at the date, time, and place referred to in paragraph 1(a) to the victim M, stating that “I have to go to Chuncheon and there is no mobile phone to do so. I have to do so.”

However, at the time, there was no fact that the defendant's scam was playing in a scam, and the scam did not have the intent or ability to return the scam even if the scam borrows the victim's credit card as stated in paragraph 1(a) and the victim was aware of the theft if the victim was using the credit card by means of the mobile phone text messages, so it was said that the victim was a recipient of the theft of the credit card.

As such, the Defendant, by deceiving the victim, received from the victim one mobile phone of the amount equivalent to one million won at the market price in the same place.

B. On January 6, 2013, the Defendant: (a) presented the 3,141,800 won worth of 3,000 won in total nine times in total, as indicated in the [Attachment List] from “ Q Q, operated by the victim who is not aware of the name in Chuncheon; (b) presented the 3,141,800 won in total by paying the 79,000 won in the market price to the Defendant’s name; and (c) paying the cosmetic price in excess of 79,000 won in the form of the Defendant’s name.

3. Violation of the Specialized Credit Financial Business Act;

From January 6, 2013 to January 7, 2013, the Defendant settled an amount equivalent to KRW 3,141,800 in total on nine occasions by using stolen credit cards, etc. as referred to in paragraph 2(b).

4. Fraud;

On February 1, 2013, at around 11:00, the Defendant made a false statement to the victim S who drive a Rho NF Hayna taxi in front of the penta in Seoul, stating that “The Defendant will pay 500,000 won at the taxi rate on the penta taxi in Seoul.”

However, at the time, the defendant had 7,50,000 won in cash, but he was under investigation agency's tracking due to the theft suspicion, and thus he thought that the money was to be used for the capital for the escape, so there was no intention or ability to pay the taxi fee to the victim.

The Defendant, by deceiving the victim as above, had the victim operate the said taxi from the Gyeongnam to the front of the Ulju where he is in west, and exempted the victim from paying the taxi fee of KRW 500,000,000, and acquired property profits equivalent to the above amount.

5. Larceny;

At around 20:10 on February 2, 2013, 2013, the Defendant: (a) stated that the Defendant was able to steal a taxi before the U.S. U.S. store located in Seoul and paid the taxi fee in cash; (b) stated that the Defendant “the walk is to pay the taxi fee in cash.” On the other hand, the Defendant saw the taxi to the above U.S. store and dice the taxi together with the S., and dice the alcohol.

On February 2, 2012, at around 00:30 on February 2, 2012, the Defendant: (a) received the keys of the said cab, which was string from employees V of the said uju, and stolen by driving the said cab at the market price equivalent to KRW 13 million, which is owned by the riju Wsi.

Summary of Evidence

"2013, 85"

1. Defendant's legal statement;

1. Each police statement of C;

1. Reporting on recording of prosecution records;

1. Investigation report by the prosecution (report on attachment of text copies of cellular phone to be submitted by the victim, and report on attachment of a written statement of presentation of the victim);

1. Reports on internal investigation by the police;

1. A copy of the output of each e-mail reception screen, two copies of letters, and one copy of a e-mail reception;

"2013 Gohap91"

【Facts 1 to 3 at the Time of Sales】

1. Defendant's legal statement;

1. Each police statement of M and P;

1. Police investigation report (to investigate victims and to secure CCTV photographs);

1. Requests for access to CCTV data, and photographs of the case;

【Facts 4 and 5 at the Time of Sales】

1. Defendant's legal statement;

1. Each police statement of S and V;

1. A written statement of X;

1. A police investigation report (on-site identification of stolen vehicles);

1. Reporting on detection of stolen police vehicles;

Application of Statutes

1. Relevant Article of the facts constituting the crime and choice3 of punishment);

Article 276(1) of the Criminal Act (the point of confinement, the choice of imprisonment), Article 297 of each Criminal Act, Article 329 of each Criminal Act, Article 329 of each Criminal Act, Article 347(1) of each Criminal Act (the point of fraud, the choice of imprisonment), Article 70(1)3 of each Specialized Credit Financial Business Act (the use of stolen credit cards, the use of stolen credit cards, the choice of imprisonment, and the choice of imprisonment)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (limited to the maximum penalty for rape on August 26, 2012)

1. Order to complete programs;

The main text of Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply)

1. An order for disclosure;

Article 37 (1) 1 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. An order to notify;

Article 41 (1) 1 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Reasons for sentencing

1. The scope of punishment by law;

From 3 to 45 years of imprisonment;

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

A. Basic Crimes: the crime of rape on August 26, 2012

[Determination of Punishment] General Criteria for Sexual Rape

[Scope of Recommendation] Imprisonment of 2 years and 6 months to 5 years (Basic Area)

(b) Criteria for handling multiple crimes: Aggravation of multiple crimes (the upper limit of basic crimes + 1/2 of the upper limit of the crimes of rape in order to October 2012 + 1/3 of the upper limit of the crimes of rape on August 19, 2012): Imprisonment with prison labor for a period of two years and six months to nine years (the lower limit of the crimes of confinement and the violation of the Specialized Credit Financial Business Act) and other crimes not so specified shall be based on the lower limit of the scope of sentence on the sentencing criteria);

[Scope of the revised recommended sentence] Imprisonment of three to nine years (the remaining sentence shall be governed by the applicable sentence of law). Determination of sentence

The crime of rape committed by a defendant is raped several times against a female for several months, which is highly likely to be subject to criticism in light of the method and circumstances of the crime, etc., the victim of the rape wanting to punish the defendant, theft, and fraud, and the fact that there was no effort by the defendant to recover damage, and that the defendant has been punished twice by larceny.

On the other hand, the fact that the defendant has no record of criminal punishment for sex crimes, and that the family and the branch of the defendant want to take the defendant's wife is favorable to the defendant.

In addition, the punishment shall be determined as per Disposition within the scope of the recommended punishment prescribed by the two standards, taking into consideration all circumstances that form the conditions for sentencing, such as the age, character and conduct, and environment of the defendant

Registration of Personal Information

Where a conviction becomes final and conclusive in regard to each crime of rape committed against the defendant, the defendant constitutes 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 authority pursuant to Article 43 of

Judges

Periodical (Presiding Judge)

Long-term Private Telecommunication

Freeboard Kim

Note tin

1) Although the facts charged are stated as '30,141,000 won', they were corrected as obvious clerical errors.

2) Although the facts charged are indicated as “2 February 2, 2013,” it appears to be an obvious clerical error.

3) The prosecutor prosecuted each crime of confinement and each crime of rape as an ordinary concurrent relationship, but this is a substantive concurrent relationship, and thus the applicable provisions of law ex officio be arranged.

had been.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

-성폭력범죄의 처벌 등에 관한 특례법 제37조 제1항 제1호

-성폭력범죄의 처벌 등에 관한 특례법 제41조 제1항 제1호

-성폭력범죄의 처벌 등에 관한 특례법 제42조 제1항

-여신전문금융업법

-여신전문금융업법 제70조 제1항 제3호