2013Gohap460, 775(combined), 2015Gohap195(Consolidated)

Rape, Injury (a recognized crime: Injury, rape), fraud, or violation of the Military Service Act;

A

Maximum punishment, Park Young-gu (each indictment), Han-dong (Public Trial)

Attorney B (Korean National Assembly)

August 28, 2015

Defendant shall be punished by imprisonment with prison labor for not less than two years and six months and by a fine not exceeding 300,000 won. If the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for the period converted into one day.

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

Criminal history, 2013 Highest 460

1. Fraud;

A. On April 17:00 as of the end of 2013, the Defendant made a false statement to the victim C, “B is a professor of the U.S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.S., to pay money entering the pharmaceutical company

However, the fact is that the defendant is not a doctor, and even if he borrows money from the victim, he did not have the ability or intention to pay it.

As such, the Defendant, by deceiving the victim, received 300,000 won in cash from the victim, namely, the victim.

B. On April 29, 290 of the same year, around 19:00, the Defendant made a false statement to the victim with the same content as the above paragraph (A) in the street near Gangnam-gu Seoul, Gangnam-gu, and then acquired 50,000 won in cash from the victim.

C. On May 1 of the same year, at around 17:00, the Defendant made a false statement to the victim, “A Studyer and the U.S.A. to lend KRW 300,000,00 for the annual living expenses to be paid in addition to the studyer and the U.S. to the studyer and the United States.”

However, the defendant did not have the intent and ability to pay money to the United States with the victim, and even if he borrowed money from the victim, he did not have the ability or intent to pay it.

As such, the Defendant, by deceiving the victim, received 400,000 won in cash from the victim, namely, the victim, and acquired it by deception.

D. On May 8, 21:00 of the same year, the Defendant made a false statement to the victim with the same content as the above "C" at Samsung Dong-dong, Gangnam-gu, Seoul, and the Defendant obtained 100,000 won in cash from the victim, i.e., the victim, and acquired it by deception.

As a result, the defendant acquired cash 850,000 won to the victim four times in total.

2. Injury;

At around 23:00 on May 14, 2013, the Defendant: (a) confirmed the text message that the victim C received from the Defendant’s cell phone and exchanged with other persons; and (b) discovered the fact that the Defendant was unaware of the fact that the Defendant did not intend to study in the U.S. and did not intend to do so. For that reason, the Defendant got off the victim’s cell phone and got off the victim’s cell phone so that the victim’s face, etc. can be taken back by drinking and shoting the victim’s cell phone; (c) got off the victim’s head debt to escape from the site; and (d) got back the victim’s 21-day care for the victim.

3. Rape;

At the time and place mentioned in paragraph (2) above, the Defendant, at the victim’s time and place, had the victim forced raped the victim to resisting the victim by assaulting the victim, placed the victim on a bed, placed the victim’s body above the victim’s body, laid off panty, laid off the victim’s panty, laid off the panty, laid off the victim’s breast, laid the Defendant’s finger on the part of the victim, added the Defendant’s finger to the sound part of the victim’s finger, added the Defendant’s the Defendant’s finger to the part of the victim’s finger, and raped the victim by having sexual intercourse once;

1. Fraud against victim F;

(a) Fraud of a mobile phone;

On February 2, 2012, the Defendant made a false statement to the effect that “B is the professor of Egylology, I are the intention to impose Asan Hospital, and he graduated from the Habrid. As the mobile phone is required to perform the work, the Defendant would pay the fee for using the cell phone and the cost for using the equipment by opening the cell phone.”

However, the fact is that the defendant is not a professor of the Egyptian, but a person who is not a professor of the Egyptian Hospital, and did not graduate from the Egypt.

As above, the Defendant made a false statement to the victim, and received from the victim the LG options machine mobile phone from the victim and acquired it by fraud.

(b) Cash fraud;

On March 20, 2012, the Defendant made a false statement that “B is a professor of Egysium, is an intention to impose Asan Hospital, and he graduated from the Hadrid. The mother is under medical treatment at a hospital in a foreign country which is suffering from cancer, and if the mother lends only KRW 850,000,000,000,000,000 for medical treatment for Egysium.”

However, the facts are that the defendant is not a professor of the Egyptian, the defendant is not a professor of the Egyptian, the defendant was not an intention to impose the Agsan Hospital, and the mother of the defendant was not a graduate of the Egypt, and the defendant was not under medical treatment at a hospital abroad.

As above, the Defendant made a false statement to the victim, and acquired 850,000 won from the victim to the passbook in his/her name.

From May 23, 200 to May 23, 200 of the same year, the Defendant acquired a total of KRW 1,170,000 from the victim eight times, as shown in the attached crime list.

2. Violation of the Military Service Act;

The defendant is liable for military service, and the person liable for military service shall file a move-in report within 14 days when moving his residence.

Nevertheless, on June 2012, the Defendant did not report the relocation of his place of residence in order to prevent military force mobilization training from being delivered without justifiable grounds, even though he moved his place of residence to a Buddhist place under G 223, Dong-gu, Dong-gu, Dong-gu, 2012.

3. Fraud against victim H;

On August 10, 2012, the Defendant made a false statement to the victim H, stating that “If 50,000 won are lent to help her her friend, she shall be repaid up to the 15th day of the same month.”

However, even if the defendant borrowed money from the victim, the defendant did not have the intention or ability to repay it.

Around 21:00 on the same day, the Defendant acquired 50,000 won from the victim to the new bank account under the name of the Defendant.

A person who has received a notice of 2015 Height 195 shall undergo a physical examination on the date of the physical examination, except in extenuating circumstances.

Nevertheless, on April 23, 2014, the Defendant received a notice to undergo a reexamination on October 23, 2014 from the second prosecutor of the Seoul Regional Military Manpower Office located in Yeongdeungpo-gu Seoul Metropolitan Regional Military Manpower Office, which was located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, but did not undergo a reexamination on the date without justifiable grounds.

Summary of Evidence

“2013, 460

1. The defendant's partial statement 2);

1. The statement of C witness and the legal statement of C witness in the sixth trial record;

1. Each statement made by the witness J in the third protocol of the trial and the fourth protocol of the trial;

1. Statement of each prosecutor's office and police statement concerning C;

1. Statement of the police statement to K;

1. A photograph of the victim, a written diagnosis of the injury, and each investigation report (No. 6 through 8, no. 18 through 20) 2013, mass75;

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. A written confirmation of details of transactions and a written accusation;

1. Defendant's legal statement;

1. A written accusation;

Application of Statutes

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

○ Each fraud: Article 347(1) of each Criminal Code (the choice of imprisonment with prison labor, the victim C and F respectively)

○ Injury: Article 257(1) of the Criminal Act (Selection of Imprisonment)

○ Rape: Article 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012)

○ Violation of the duty to move-in: Article 84(2) and Article 69(1) of the Military Service Act (Selection of Fines) ○○ Military Service Act; Article 87(3) of the Military Service Act

1. Aggravation of concurrent crimes;

The former part of Article 37 and Article 38(1)2 and 3 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 and 55(1)6 of the Criminal Act (the grounds for sentencing below)

Articles 70 and 69(2)1 of the former Criminal Act (Amended by Act No. 12575, Apr. 1, 2014);

The main sentence 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. Determination as to the defendant and his/her defense counsel's assertion in full view of the defendant's age, occupation, family environment, social ties, criminal records, and the examination of recidivism (no criminal records), the benefits and preventive effects expected by the disclosure order or notification order of this case, and the disadvantages and side effects therefrom, etc. of the defendant's personal information disclosure or notification order of this case, it is deemed that there are special circumstances where disclosure or notification of the defendant's personal information should not be made, in full view of various circumstances such as the defendant's age, occupation, family environment, social ties, criminal records, and the like (no criminal records).

1. The part of Paragraph 1 of the Decision 2013 Gohap 460

A. The assertion

The Defendant did not borrow money from the victim C as stated in this part of the facts charged.

B. Determination

1) The following circumstances revealed by the evidence adopted and examined by this court (i.e., the victim C) came to know through the Defendant from the investigation process to the present court around April 2013, 2013, and the Facebook. The Defendant plans to open a hospital in Korea and attempts to pass a university in the U.S.... so, the Defendant was able to study in the U.S. and find employment with the Defendant, and the Defendant was unable to use a passbook in the U.S. in Korea, and was unable to use a passbook in the U.S., and was able to lend money more than 850,000 won in cash as stated in this part of the facts charged. ② The Defendant was able to use a false statement from the victim and his employee who was actually residing in the U.S. in the U.S., and was able to obtain a false statement from the victim and his employee, and the Defendant was able to obtain a false statement from the victim and his employee, and the Defendant was able to obtain a false statement from the victim and his employee C.

2) Accordingly, we cannot accept this part of the Defendant and the defense counsel’s assertion.

2. Paragraph 3 of the Decision No. 2013 Gohap460

A. The assertion

As stated in Paragraph 2 of the judgment of the court below, the defendant only disputed with the victim C and inflicted bodily injury on the victim C, and there was no rape of the victim as shown in this part of the facts charged.

1) In light of the following circumstances revealed through the evidence adopted and examined by the court, the Defendant may fully recognize the fact that the victim C was raped as stated in this part of the facts charged.

A) The victim C made a statement as follows: (i) around 23:00 on May 14, 2013, when the Defendant was residing in the “E” located in Jung-gu Incheon, Jung-gu to go to the United States, the victim C, as seen earlier, was aware that the U.S. flight tag was not deposited; (ii) the Defendant’s certificate of intention or low-door photographs came to the Internet; and (iii) the Defendant told the Defendant that he would go to the Internet; and (iv) the Defendant was able to make a statement at the police station on his head and body flick face while she was flicking the Defendant’s violence; and (iv) the Defendant was able to make a statement at the Busan police station’s request for rape; and (v) the Defendant was able to make a statement at the time of his 2nd 3rd mar and flick, but was able to make a statement to the police station out of Busan; and (v) the Defendant was forced to go to the outside of Busan police station.

The statements made by the victim C are consistent in very specific and main parts of criminal facts to the extent that it is difficult to resume without actual experience.

B) In addition, it is determined that there is no motive for the victim C to make a false statement in light of the objective circumstances after the instant case.

① As the Defendant also acknowledged, as stated in the I’s legal statement, the police officer in charge of the victim C and the investigation, the objective circumstance at the time is consistent with the victim C’s statement, such as denying rape in the initial police investigation, and demanding the victim C to deliver a written withdrawal of the complaint, by borrowing knee kel kel kel kn kn-kn-kn-kn-kn-kick kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-

② On May 16, 2013, the police officer’s statement sent to the scene at the time, the victim C did not speak of rape. However, on May 16, 2013, the victim C, who called the victim C, was raped by the Defendant in a telephone call, and notified the victim C of the method of complaint. As such, it conforms to the victim C’s statement as to the details of the complaint.

③ In light of the details of the victim C’s fraud damage or the circumstances in which the victim C was living together in the same guest room as the Defendant and was assaulted, it appears that it was difficult for police officers dispatched upon receipt of a report to be aware of the injury from rape immediately. In fact, there is no circumstance to suspect the authenticity of the victim C’s criminal complaint process, such as where C filed a complaint with his family upon his family’s recommendation at the end of 15-day criminal complaint, and there was no pecuniary demand from the Defendant.

C) In light of the specific and consistent statements, objective circumstances, etc. of the victim C, the above victim’s statement of damage, such as this part of the facts charged, may be reliable.

2) Therefore, we cannot accept this part of the assertion by the Defendant and the defense counsel.

1. Reasons for sentencing: Imprisonment with prison labor for not less than one year and six months from June to June 22, and a fine of not less than 25,000 won to one million won; 2. The scope of recommendations based on the processing standards for multiple offenses: imprisonment for not less than two years and six months;

(a) Decision: Imprisonment with prison labor for a period of two years to five years, and the basic area of the crime of rape;

[Determination of Punishment] Class I (General Rape) of the Act on the Punishment of rape (subject to the 13 years of age or older): each of the following basic areas: 6 months to 1 year and 6 months, respectively.

[Determination of Type 1] General Fraud (less than KRW 100 million)

3. Determination of sentence;

In light of the fact that the Defendant was in his status, was approaching the victims, committed several times in the course of committing the crime of injury and rape against the victim C, etc., and that the method of committing the crime was not good, and that the Defendant, in particular, received a very large mental impulse except property damage in the case of the victim C, but did not receive a letter from the victims including women until now, the nature of the crime is heavy.

However, the amount of damage caused by each of the offenses in this case is minor, the defendant's mistake is divided about some of the offenses, and the defendant has no record of criminal punishment so far, and the defendant's age, character and conduct, environment, motive, means and consequence of the offense, and other various sentencing conditions specified in the arguments in this case, such as the circumstances after the crime, shall be determined as ordered.

Registration of Personal Information

Where a judgment of conviction becomes final and conclusive due to the judgment of the accused in the crime of rape, Article 2 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes ( April 15, 2010), Article 32 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is a person subject to registration of personal information, and thus, Article 5 (1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes ( December 18, 2012)

A competent agency is obligated to submit personal information.

The presiding judge of the Supreme Court;

Judges, Chief Judge

Judge Choi Jin-hun

1) The prosecutor was charged with rape injury in a lump sum as set forth in paragraphs 2 and 3 of the original judgment, but in this Court the indictment as above in this Court.

Along with this, the Court rendered a warning.

2) As to the remainder of the facts charged except for the part disputing the argument of the defendant and the defense counsel

The recognition is recognized.

3) Since the violation of the Military Service Act due to the violation of the moving-in report obligation was selected by fines, the sentencing guidelines do not apply;

Since the sentencing criteria are not set for the violation of the Military Service Act by the evasion of physical examination, the criteria for multiple offenses are set.

the lower limit of the recommendations shall be set.