Defendant

Doctrine (prosecution) and the largest file (public trial)

Attorney Lee Im-hoon

A defendant shall be punished by imprisonment for ten years.

Information on the accused shall be disclosed and notified through an information and communications network for 10 years (Provided, That the summary of sex offenses shall be limited to the crimes other than the crimes of injury).

The attachment of an electronic tracking device shall be ordered to the person requested to attach an electronic device for ten years.

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

[2012Gohap5]

Around 05:00 on June 14, 2012, the Defendant and the person subject to a request to attach an attachment order (hereinafter referred to as the “Defendant”) opened a door at the entrance of the above multi-level entrance through the food stairs in order to rape the female employees who are in the above multi-level entrance, and opened the door. However, the said multi-level entrance was cut back again to the first floor, and then was cut down to the second floor after putting the gas pipe installed on the building’s outer wall, and then cut down to the second floor of the building. After that, the Defendant went through the washing machine installed on the outer wall of the building and did not correct it. After then, the Defendant intruded into the said multi-level entrance through the window, and found the victim who was able to wear the clothes in the said multi-level entrance, and found the victim (the victim 27).

Accordingly, the Defendant: (a) obstructed the victim from suffering from one’s hand; (b) obstructed the victim from her face so that the victim can not see the face of the defendant; and (c) obstructed the victim from resisting against the victim by threatening that “I will move the victim to a room room where he does not come,” and by covering the face of the victim, and by threatening the victim “I will promptly, I will see, I will see, I will see, I will see, I am.” (hereinafter “I am.”), and continuously, the Defendant violated the victim’s body by putting off all clothes of the victim, and preventing the victim from resisting one’s face by hand; and (d) sexual intercourse with another victim listed above the body of the victim once.

Accordingly, the defendant invadedd the room possessed by the victim, and raped the victim.

[2012 Gohap67]

1. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof;

A. On October 29, 2007, the Defendant: (a) discovered that, around the new wall of 207, the Defendant had a 202 knife-gun, Sinnam-si (hereinafter omitted); (b) had the victim take a knife by reporting red signboards, such as telecomers, amusement establishments, and bags, and had the victim feel sexual intercourse; and (c) had the victim take a knife away from the victim’s body, and continuously divided the victim’s body into the victim’s knife-ray, “I am knife-bee-bee-bee-bee-be (2 omitted); and (d) the Defendant continued to have the victim take a knife-bee-bee-bee-bee-bee-be (27 years old); and (e) had the victim take a knife-bee-bee-bee-bee-bee-bee-bee-bee-bee-bee-bee-bet.”

Accordingly, the defendant invadedd the room possessed by the victim, and raped the victim.

B. Around March 14, 2010, the Defendant: (a) she was drunk at the time of the new wall, the Defendant: (b) expressed red signboards, such as televersing, entertainment establishments, and multiple banks, and had a view to sexual intercourse; (c) expressed a mixed desire to commit rape against the victim; (d) around 05:20 on March 14, 2010, the Defendant: (a) opened the entrance door of the heading room of the second floor, which was not corrected; (b) opened the entrance door of the second floor; and (c) opened it into the victim’s 203 floor; and (d) opened it into the victim’s bed; and (d) opened the victim’s bed; and (d) opened the victim’s body, the Defendant she was able to prevent the victim from having sexual intercourse with another victim’s hand; and (e) removed the victim’s body from the victim’s body by taking the victim’s knife, she was ked from the victim’s body;

Accordingly, the defendant invadedd the room possessed by the victim, and raped the victim.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. The Defendant, around August 10, 201, at the time of the new wall, was under the influence of alcohol, had the victim Non-Party 1 (hereinafter referred to as “the victim’s 18 years old”), who was able to have sexual intercourse with the victim by reporting red signboards, such as televersing, entertainment establishments, and multi-sections, and by causing sexual desire to commit rape. The Defendant: (a) around 04:00 on August 10, 201, entered the front door of the 4th floor, with the victim’s knife, who was not corrected during the opening of the 402 door of the 4th floor; and (b) opened it into the her bed; and (c) discovered the victim’s knife to the victim; (d) removed the victim’s knife to the victim’s knife and knife the victim’s knife to the victim; (d) made the victim’s knife to the victim.

Accordingly, the defendant invadedd the room possessed by the victim, and raped the victim.

B. around September 9, 2011, the Defendant: (a) while drunk, she was drunk and frighted to a single member of the Gyeongnam-gun (hereinafter omitted); and (b) had sexual intercourse with the victim’s body by reporting red signboards, such as telecomers, entertainment establishments, and multiple bags, with a view to sexual intercourse with the victim; (c) around September 04:40, 201, the Defendant was able to rape the victim’s body; and (d) around September 9, 201, at the “○○○○○ Tele”, located in the same Eup (hereinafter address 4 omitted) of the same Eup (hereinafter address 4 omitted), the Defendant followed the pipe installed on the outer wall of the building; (d) opened the 505 door door without correcting the door; and (e) opened it with the victim’s body, Nonindicted 3 (24 years old, and 1 year old, she would not be able to have sexual intercourse with the victim; and (e) the Defendant did not have any duty of taxation.

Accordingly, the defendant invadedd the room possessed by the victim, and raped the victim.

3. Injury;

Around 05:00 on September 9, 201, the Defendant raped Nonindicted 3 (the age of 24) on the victim Nonindicted 2-b, 201. The Defendant, as indicated in Article 2-2(b) of the Act, followed by: (a) the victim: (b) opened a string door; (b) opened a string door; (c) opened the string door; (d) opened the string door; (e) opened the string door; and (e) placed the string on the part of the victim; and (e) placed the victim on the part of the string part of the string part; and (e) 2-3 times off the string part of the victim’s face; and (e) inflicted injury on the part of the string part of the string part of the string part of the string part of the string part of the string part of the string; and (b)

As above, the Defendant has committed two or more sexual crimes, thereby recognizing the habits of such crimes, and is likely to recommit a sexual crime.

【Criminal Facts】

[2012Gohap5]

1. Defendant's legal statement;

1. Statement of the accused in the first protocol of trial;

1. The police statement of Nonindicted 4

1. Medical records for victims of sexual assault and heads of criminal complaints;

[2012 Gohap67]

1. Defendant's legal statement;

1. Each police protocol on Nonindicted 2, 5, 1, and 3

1. A chief executive officer of each field, each request for appraisal, each report on actual conditions, each field survey report, each photograph, each investigation report, opinion, medical records, and each complaint;

【Risk of Escopic and Rescopic Offense】

In light of the aforementioned evidence and the Defendant’s records of sexual crimes recognized by the description of the investigation prior to the request for attachment order, the motive or background of each of the instant crimes, the means and methods, the period and frequency of each of the instant crimes, the Defendant’s character and conduct, intelligence and environment, the degree of alcohol toxicity, the emotional and character characteristics, and awareness and attitude of the harm of sexual crimes and the illegality thereof, it is sufficiently recognized that the Defendant has the risk of recidivism and recidivism of sexual crimes.

1. Article applicable to criminal facts;

Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 297 of the Criminal Act [the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes], Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 10258, Apr. 15, 2010); Article 5(1) of the former Act on the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof (Amended by Act No. 10258, Apr. 15, 2010); Articles 319(1) and 297 of the Criminal Act [the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof], Article 257(1)(a) of the Criminal Act

1. Selection of punishment;

Imprisonment with prison labor for the crime of injury and for the remaining crimes in the judgment of the court (However, the upper limit of each crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. shall be 15 years of imprisonment with prison labor prescribed in the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 201))

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Offense of Violation of Residence, Rape, etc.) from June 14, 2012, with the largest punishment and punishment for the crime]

1. An order for disclosure;

The main sentence of Article 37 (1) 1 and Article 37 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (limited to each crime other than an injury)

1. An order to notify;

The main sentence of Article 41 (1) 1 and Article 41 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (limited to each crime other than an injury crime)

1. Orders to attach an electronic tracking device;

Articles 9(1)1 and (2) and 5(1)3 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders

1. Imposition of obligations;

Article 9-2(1) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders

1. The scope of punishment by sentence: Imprisonment for not less than five years and not more than 45 years;

2. Application of the sentencing criteria;

(a) A violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Housing Rape, Rape, etc.) on June 14, 201 and a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Housing Rape, Rape, etc.) on September 9, 2011;

[Determination of Punishment] Sex Offenses, General Criteria, and Rape (Subject to 13 years of age or older) (Class 2)

[Special Convictd Persons] Reductions: Non-Mitigation of Punishment

Aggravations: continuous and repeated crimes committed against multiple victims

【Determination of Recommendation Area】 Basic Area

[Recommendation Scope of Punishment] Imprisonment with prison labor for not less than five years but not more than eight years (before mediation according to the applicable sentences of law);

[General Sentencing] Reduction element: Serious reflect

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

[Determination of Punishment] Sex Offenses, General Criteria, and Rape (subject to 13 years of age or older) (Type 2)

[Special Aggravationd Persons] Aggravationd: continuous and repeated crimes against multiple victims

[Determination of Recommendation Area] Aggravation

[Recommendation Scope of Punishment] Imprisonment with prison labor for not less than six years but not more than nine years (before mediation according to applicable sentences in law);

[General Sentencing] Reduction element: Serious reflect

(c) A violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on August 10, 2011;

[Determination of Punishment] Sex Offenses, General Criteria, and Rape (subject to 13 years of age or older) (Type 2)

[Special Aggravationd Persons] Aggravationd: continuous and repeated crimes against multiple victims

[Determination of Recommendation Area] Aggravation

[Recommendation Scope of Punishment] Imprisonment with prison labor for not less than six years but not more than nine years (before mediation according to applicable sentences in law);

[General Sentencing] Reduction element: Serious reflect

Aggravations: In the case of crimes against juveniles

(d) Crimes of injury;

[Determination of Type 1] Violence, General Injury (Type 1)

【Special Edifications] Reductions: Minor Bodily Injury, Non-Punishments

Aggravations: The motive of crimes to be criticized;

[Determination of the Recommendation Area] Reduction Area

[Recommendation Scope of Punishment] Imprisonment with prison labor for not less than two months but not more than one year (before mediation according to the applicable sentences in law);

[General Sentencing] Reduction element: Serious reflect

(e) Criteria for handling multiple crimes: Imprisonment with prison labor for not less than six years but not more than two years and not more than 16 months (before adjustment according to the punishment by law);

3. Determination of sentence;

The Defendant led to the commission of each of the crimes in this case, and only some victims agreed with each of the victims, and the fact that there was two children and wife who must support. However, on September 29, 2000, the Defendant was sentenced to a suspended sentence of three years for rape in the Jinwon District Court's Jinwon District Court's Jinju branch on the three-year period of imprisonment on September 29, 2000, and the Defendant intrudes on five times during the period from September 2007 to 201, and has a high possibility of criticism and criticism against the unspecified female. In particular, in some cases, the Defendant was a minor at the time, and there is a very poor quality of crimes such as the injury by assaulting the Defendant. Nevertheless, the Defendant's age, character and conduct conditions, the motive and circumstances of each of the crimes in this case, the motive and circumstances of each of the crimes in this case, and all of the circumstances after the crime in this case, etc. are determined in consideration of the victim's order and punishment.

Where a conviction becomes final and conclusive for each crime other than injury, the defendant constitutes a person subject to registration of personal information under Article 32 (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 33 of the same Act.

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

[Attachment]

Judges Kim Maritime Shelf (Presiding Judge)