Defendant 1

Defendant 2

Kim Jong-Un

Attorney Sung-nam et al. and one other

Defendant 1 shall be punished by imprisonment for three years and six months, and by a fine of 2,500,000 won, respectively.

When Defendant 2 fails to pay the above fine, the above defendant shall be confined in a workhouse for the period calculated by converting 50,000 won into one day: Provided, That the fractional amount shall be one day.

Defendant 2 shall order the completion of a sexual assault treatment program for 40 hours.

Information on Defendant 1 is disclosed for 10 years (However, the summary of sex offense is limited to the criminal facts of the case in 2010 Gohap668).

To the person subject to the request for attachment order, an electronic tracking device shall be attached for five years.

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

【Criminal Facts】

Defendant 1 and the person subject to the request for attachment order (hereinafter “Defendant 1”) were sentenced to a suspended sentence of 8 months in the Incheon District Court on June 18, 2009 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Doing Vehicles), and the judgment becomes final and conclusive on June 26, 2009 and is currently in the grace period.

[2010Gohap668]

피고인 2는 인터넷 채팅사이트인 ‘ △△△△’를 통해 청소년인 피해자 공소외 2(여, 15세), 피해자 공소외 1(여, 15세)을 만나기로 한 후 위 사이트의 채팅창에 ‘여자 2명을 꼬셨는데 같이 가서 쏘실 분...’이라고 글을 올려 이를 보고 연락한 피고인 1과 함께 만나기로 한 후, 피고인들은 2010. 9. 3. 16:00경 인천 부평구 부평동에서 피해자들을 만나 회를 먹고 술을 마신 후 피해자들에게 술을 더 마시고 놀자고 하여 인천 부평구 부평동 (지번 1 생략)에 있는 ○○○모텔에 함께 들어갔다.

1. Defendant 1

A. Crimes against the victim non-indicted 1

On September 3, 2010, at around 22:04, the Defendant: (a) carried the alcohol with the victims on September 22, 2010; (b) carried out a visit with Nonindicted Party 1; (c) pushed the victim into the above 203 Moel; (d) pushed the victim’s shoulder by pushing the victim; and (e) pushed the victim’s shoulder with his hand; and (e) forced the victim’s resistance to the victim; and (e) pushed the victim’s chest by hand, the Defendant her chestd and kidd the victim’s chest.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

B. Crimes against the victim non-indicted 2

During the indecent act by compulsion of Nonindicted Party 1, the Defendant: (a) had the victim Nonindicted Party 2 opened the above 203 visit and entered the victim’s plan; (b) had the victim and Nonindicted Party 1 expressed the victim’s desire to read “the victim and Nonindicted Party 1 wanted to have the victim come out of KRW 700,000,000,00,000,000,000,000,000,000 won; and (c) Defendant 2 expressed the attitude that Nonindicted Party 1 continued to take the victim’s desire for drinking while taking the victim’s desire to do so; and (d) expressed the attitude that Nonindicted Party 2 had the victim 1 was spaced, and threatened the victim by putting the victim out of clothes.”

The Defendant, by threatening the victim, exceeded the clothes of the victim, carried the victim’s knife with the Defendant’s sexual organ, knife him with the Defendant’s sexual organ, knife the victim’s chest, knife the victim’s chest on the victim’s chest, and inserted the victim’s sexual organ into the negative part of the victim.

Accordingly, the defendant had sexual intercourse with a juvenile by force.

2. Defendant 2

The Defendant, at the same time, at the same time and place as above 1-B(b) as mentioned above, expressed his desire to Nonindicted Party 2 and the victim Nonindicted Party 1, together with Defendant 1 expressed his desire to “I am to pay the money to I Ra I am to do so if I am to do so at the house now, I am to the victim and went to the above 211.

In the above 211, the Defendant stated that “the Defendant may send money to the home” to the victim who heard the horses that the Defendant sent money from the victim to the home, but the victim refused to do so, and the victim’s refusal to do so, and was placed on the part of the victim who got the victim’s arms to the bed on the part of the bed.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

【2011 Gohap27】

1. Illegal confinement;

At around 08:20 on August 21, 2010, Defendant 1: (a) obstructed the victim Nonindicted 3 (the victim Nonindicted 3 (the 16-year old age), who met through the Internet hosting within the 205 room in Bupyeong-gu, Seo-gu, Incheon, Bupyeong-gu, Incheon, by blocking the victim’s body from cutting off the door from the door to the door where the victim occurred while playing in the Internet, and preventing the victim from pushing ahead with the body of the victim; (b) prevented the victim from communicating with the telephone engine to request the female in order to help the female, and (c) prevents the victim from communicating with the victim who tried to sit in the room, and (d) prevents the victim from staying in the room for about 40 minutes by stopping the victim.

2. Injury;

Defendant 1, around August 21, 2010, around 09:30 on August 21, 2010, on the ground that Nonindicted 3 was about to escape, Defendant 1 suffered bodily injury, i.e., the victim’s face two times in drinking in front of △△△ Don in front of Dondong in the vicinity of △△△, followed up the victim’s face at one time in front of Don in front of Dondong in the vicinity of △△△, attached head debt, attached head debt, attached the victim’s face to the floor, added the victim’s face and body to the victim’s face and body number, and caused the victim to suffer bodily injury.

【2011 Gohap36】

Defendant 1, around 17:30 on December 5, 2010, at 602 Dong-dong, Incheon, Nam-dong, 278, Defendant 1, who had ever been placed on the victim Nonindicted 4 (years 51) and his living room, had a spoched with plastic spoched on the victim’s spoch, and had a spoched part of the victim’s spoch, so it is impossible to accurately identify the number of treatment days.

【Fact of Grounds for Attachment】

Defendant 1 has committed a sexual crime against a person under 16 years of age and is likely to recommit a sexual crime.

1. Defendants’ respective legal statements

1. Each legal statement of the witness Nonindicted 2 and 1

1. Each statement made by Nonindicted 2 and 1 contained in the statement recorded in Nonindicted 2 and 1 CDs

1. The part concerning the statement made by Nonindicted 3 in the second prosecutor's office in relation to Defendant 1 (In Incheon District Prosecutor's Office No. 80766, 2010)

1. Statement on Nonindicted 4’s statement

1. Previous records of judgment: A criminal investigation report (Attachment to the judgment, etc. on Defendant 1 of the suspect), inquiry report, and inquiry inquiry report;

1. The risk of recidivism of a sexual crime as indicated in the judgment: The risk of recidivism of a sexual crime may be recognized against Defendant 1, considering the motive or circumstance of the sexual crime as indicated in the judgment, frequency of the crime, age of Defendant 1, awareness and attitude of character, conduct and sex, etc.

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

A. Defendant 1: Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the occupation of indecent act by compulsion of juveniles, the choice of imprisonment), Article 7(5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 297 of the Criminal Act (the occupation of juvenile sexual intercourse by force), Article 276(1) of the Criminal Act (the occupation of confinement, the choice of imprisonment), Article 257(1) of each Criminal Act (the occupation of injury, the choice of imprisonment), Article 257(

B. Defendant 2: Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act (Selection of Fine)

1. Aggravation of concurrent crimes (Defendant 1);

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Discretionary mitigation;

A. Defendant 1: Articles 53 and 55(1)3 (C) of the Criminal Act (The following favorable circumstances among the reasons for sentencing)

B. Defendant 2: Articles 53 and 55(1)6 of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing)

1. Detention in a workhouse (Defendant 2);

Articles 70 and 69(2) of the Criminal Act

1. Order to complete a program (Defendant 2);

Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. An order to disclose [Defendant 1]

Article 38(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (limited to the criminal facts of 2010 Gohap668 at the time of sale)

1. Orders to attach electronic tracking devices (Defendant 1);

Articles 9(1)2 and 5(1)4 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders

1. Matters to be observed (Defendant 1);

Article 9-2 (1) 4 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders

1. Summary of the assertion

A. Defendant 1

With respect to the case 2010 Gohap668, the defendant was unaware of the fact that the victim was a juvenile, was not aware of the fact that the victim was a juvenile, and there was only the fact that the victim was kis under an agreement with the victim Nonindicted 1, and there was no fact that the chest of the above victim was sexual intercourse under an agreement with the victim Nonindicted 2, and it did not have sexual intercourse by force by intimidation.

B. Defendant 2

In relation to the case 2010 Gohap668, the Defendant did not know the fact that Nonindicted Party 1 was a juvenile, and there was no fact that the Defendant was placed on the part of the Defendant, who was able to take a bath to the said victim or who was able to take the arms of the said victim into the body of the said victim, as described in paragraph 2 of the judgment.

2. Determination

A. Whether the Defendants knew that they were juveniles

In light of the following circumstances acknowledged by the evidence examined above, the victims consistently stated in the investigative agency and this court that “the defendants were 17 years of age after asking their age at the frequency house,” and Defendant 1 stated in the prosecutor’s office that “the low, Defendant 2, and the victims thought that they were about their occupation and age at the frequency house. The victims thought that they were 18 years of age or 19 years of age.” In light of the above, the Defendants can be sufficiently recognized as having known that they were juveniles at the time of the instant case.

B. Each part of the Defendants’ indecent act by force against the victim Nonindicted 1

In other words, the following circumstances acknowledged by the evidence revealed: (a) the victim Nonindicted 1 and the Defendants did not have any physical contact at the investigative agency and this court; (b) the victim 1 and the Defendants did not have any talk about drinking at low and Defendant 1; and (c) Defendant 1 did so under 203. Defendant 1 got out of the above 203 door and kidddd, and kiddd, Defendant 2 and Defendant 2 did not come out of the above 203 door by leaving Nonindicted 1 and Defendant 2’s body. However, Nonindicted 2 and Defendant 2 did not come out of the above 203 door, and she got out of the said 203 door, and she was able to come out of the Defendant’s body, and Defendant 2 and Defendant 2 took out the above her body and she was able to come out. Defendant 1 and Defendant 2 wished to come up on the front of the 203 door.

C. The part regarding sexual intercourse with Defendant 1’s victim Nonindicted 2 by force

In light of the following circumstances acknowledged by the evidence revealed, ① the victim Nonindicted 2 and the Defendants 1 were able to drink Nonindicted 211 at the investigative agency and this court, and Defendant 1 her talked with Nonindicted 1, and her talked with Nonindicted 203, and Defendant 2 was her talked with Nonindicted 1, and Defendant 2 was seated. The Defendant 2 got on the computer under the above 211, and Defendant 2 was her seated, and Defendant 1 got off the said her clothes by opening a door to Nonindicted 203 to the effect that the Defendant 1 was sexual intercourse. The Defendant 1 and Nonindicted 2, who was sexual intercourse with the Defendant 1, did not appear to have been able to have been able to have been able to have been able to her on his house, and Defendant 1 and Defendant 2 told Defendant 2 her her sens, who was able to have been rape.

D. Therefore, the above argument is without merit.

The principal crime of this case shall be sentenced to the defendant considering that the defendant committed sexual intercourse with the victim non-indicted 2 who was known to the defendant through Internet hosting, committed an indecent act against the victim non-indicted 1, whose nature of the crime is not very good, the defendant agreed with the above victims or was not used by the above victims, and the defendant again committed the crime of this case during the grace period of 2 years after being sentenced to a suspended sentence of 8 months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on June 18, 2009, etc., but the defendant shall be sentenced to a suspended sentence of 2 years, but the punishment shall be determined as ordered by the order, considering the fact that the defendant did not have any criminal record against sexual assault

[Attachment]

Judges Choi Jong-chul (Presiding Judge)