2016Gohap27 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Compulsory Intrusion)

Indecent Acts, violation of the Act on the Control of Narcotics, Etc. ( natives)

○○ Kim (74 - 1), Pipelines

Residential Seo-gu Incheon Family

Seo-gu Incheon District Office

Kim Chang-seop (Lawsuits) and Song-su (Trial)

Attorney Kim Jong-sung

July 6, 2016

A defendant shall be punished by imprisonment for four years.

10,000 won shall be additionally collected from the defendant.

The defendant shall be ordered to pay an amount equivalent to the above additional collection charge.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Criminal facts

【Criminal Power】

On November 26, 2014, the Defendant is punished by imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. (fence) at Incheon District Court.

On August 28, 2015, the Daejeon Correctional Institution completed the execution of the above sentence.

[Criminal Facts]

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

Defendant on December 30, 2015: around 00, at the residence of the Defendant located in Gyeyang-gu Incheon, Gyeyang-gu.

approximately 0.07 g of Melopon, Melopon, Melopon (one-name 'Wlopon'; hereinafter referred to as 'Wlopon'), which is a sexual drug, on coffee

Don is dysty.

Accordingly, even if the Defendant is not a narcotics handler, the Defendant administered psychotropic drugs-related philophones.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Compulsion);

The defendant, as described in paragraph (1), has administered a philophone and has come into a state of decilation, and on December 31, 2015.

08: At around 05, the actual tax amount of Gyeyang-gu Incheon shall reach in front of the victim's room ○ (e.g., 21 years of age).

Unclaimed gates opened and intruded into the house, and was locked at one’s own bed.

Detection of seamen, off the saf and saf, saf by the victim's side, safing the victim, saf

It is impossible for the victim to go up to the body of the victim of the defect about to escape and to leave the body of the victim.

After putting a hand into the victim's upper part and spreading the breast part of the victim's upper part, putting the hand into the victim's upper part.

The parts of the sexual flag were met.

Accordingly, the defendant invadedd the victim's residence and forced the victim to commit an indecent act.

Summary of Evidence

1. The defendant's statement in court (as of the sixth trial date);

1. Legal statement of the witness ○○○;

1. Statement by the prosecutor with respect to ○○;

1. A report on investigation (the calculation of an additional collection charge);

1. A protocol of seizure (voluntary submission) and a list of seizure;

1. A narcotics appraisal statement;

1. On-site photographs;

1. Previous records of judgment: Criminal records, etc. and investigation reports (report on the confirmation of repeated crimes);

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Narcotics Control Act

Article 3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of administration of philophones, Selection of Imprisonment)

Article 319(1) of the Criminal Act, Articles 319(1) and 298 (Indecent Act by Indecent Act by Indecent Act, Selection of Imprisonment)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act (Indecent Act by Indecent Act by Indecent Act by Residence)

section 42 of the Criminal Code, to the extent of the limitation

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act (a sexual crime with heavier punishment)

Article 42 (Violation of Special Act on Punishment, etc. (Indecent Act by Indecent Act by Indecent Act) of the Criminal Act

within Korea 【Aggravation of Concurrent Crimes】

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Additional collection:

The proviso to Article 67 of the Narcotics Control Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

1. Order to complete a program;

The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Exemption from 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, children and juveniles;

The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sexual Abuse

Since the order may have a significant impact on the defendant, it is necessary to pay careful attention, so that it is necessary to do so.

the following circumstances recognized as a record, that is, the defendant has no record of the same crime, and philophones

the crime as described in paragraph (2) of this Regulation has been committed in a state of decoveration due to medication.

The number of years of age, registration of personal information, and sexual assault treatment programs for a considerable period of time;

to some extent, the defendant's age, occupation, and family relationship seems to have the effect of preventing recidivism;

and social ties, and other profits expected by the disclosure or notification order of this case; and

In full view of all the circumstances such as preventive effects, disadvantages and side effects of the defendant, the personal information of the defendant

There is a special reason to not disclose or notify information (Supreme Court Decision 2012.

2. 23. Supreme Court Decision 2011Do16863 Decided January 23, 201

Judgment on the argument of the defendant and defense counsel

The defendant and his defense counsel had been employed at the time when the defendant committed the crime of indecent act by compulsion by house.

Hak's argument to the effect that there was a state of mental disorder due to the side effects and the administration of philopon.

The crime of this case, which is acknowledged by the evidence mentioned above, is committed. The circumstances, means, and crimes of this case

In light of the various circumstances shown in the record, such as the defendant's act before and after, the defendant

In the event that the crime of this case was committed, the person did not have or weak ability to discern the object or make a decision;

It does not seem that the defendant was in a state of mental disorder at the time. The defendant was in a state of mental disorder at that time.

(3) If the administration of philophones by the defendant, this constitutes a principal cause for the administration of philophones by the defendant.

It is reasonable to view that it is a free act in the grounds provided for in Article 10 (3) of the Act, and further sexual assault.

Article 20 of the Act on Special Cases concerning the Punishment, etc. of Crimes

It shall be determined that the provisions for mitigation of mental and physical disorder may not apply to cases of violence crime.

In light of all the circumstances shown in the trial process of this case, the trial against the defendant is held.

It is reasonable that the provision on mitigation of a new disability does not apply. Accordingly, the defendant is not a defendant.

The above assertion by the defense counsel is not accepted.

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty-five years; and

2. Application of the sentencing criteria;

(a) Crimes of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Act by Residence): Basic crimes;

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

Indecent acts by compulsion, such as intrusion, etc.

[Special Convicted Persons] No. 1

[Scope of Recommendation] Basic Field, 2 years to 5 years of imprisonment

(b) A violation of the Act on the Control of Narcotics, etc. ( natives).

[Determination of Type] 3 Medication, simple possession, etc. of narcotics crimes (b)

[Special Aggravations] Same criminal records and (aggravating elements)

[Scope of Recommendation] Aggravation, one year to three years of imprisonment

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for two years and six months from June to six years;

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

Each of the crimes of this case shall be deemed to be committed by the victim in the state that the defendant administered philophones, and that the victim is missing after the administration.

by force the victim's intrusion, and the circumstances, means and methods of the crime, and the determination after the crime

In light of the circumstances, etc., the nature of the crime is very poor. The Defendant is related to narcotics even before committing the instant crime.

Though there has been a history of being punished more than 10 times for a crime, another penphone during the period of the same repeated crime;

(1) In the event that a person committed a crime, and the person's residence was invaded upon by an unspecified person in a state of decure;

There has been a serious harm caused by the misuse of drugs by the defendant, and the harm caused by the misuse of drugs by the defendant has been serious.

It seems that the defendant reached a single level. Nevertheless, the birth of the victim who does not have a single-speaking type is the same as the victim.

The denial of the crime of indecent act by compulsion by compulsion, alleging that the defendant allowed to enter the house.

No effort has been made to reduce the serious mental impulses of victims and to reduce the victims' severe mental impulses.

Therefore, the defendant's punishment corresponding to his liability is inevitable.

However, from the investigation stage, the Defendant led to confession of the crime of medication of the instant phiphone, and this Court

On the 6th trial date, the crime of indecent act by compulsion of this case also reflects the truth while making a confession.

A. The Defendant did not systematically commit the instant indecent act by compulsion.

I seem to have no record of sex offenses against the Defendant. Such circumstances are favorable to the Defendant.

Considering the age of the defendant, character and conduct, environment, etc., as shown in the trial process of this case.

In full view of various sentencing factors, the punishment as ordered shall be determined according to the sentencing guidelines.

Registration and submission of personal information

It is against the crime of violation of the Special Act on the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Act by House).

Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Since he/she is a person subject to registration of personal information pursuant to paragraph (1), he/she shall have jurisdiction pursuant to Article 43 of the same Act.

Any institution is obligated to submit personal information.

The judge's personal display

Judges Jeong-he

Judges Giving exclusive authority to judges

1) The defendant and his defense counsel asserted that the exercise of tangible power as shown in the above crime is considerably weak, but this Court has adopted and investigated lawfully.

According to the evidence, the defendant gets out of the beds to get out of the defendant, and the defendant gets out of the beds; and the defendant gets out of the beds.

Inasmuch as it is possible to prevent a victim from leaving the body behind, or to recognize the fact of indecent acts by compulsion by force by force by committing the victim’s body above,

The above assertion is not accepted.