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(영문) 수원지방법원 2006. 5. 3. 선고 2006고합50 판결
[성폭력범죄의처벌및피해자보호등에관한법률위반(강간등상해)·성폭력범죄의처벌및피해자보호등에관한법률위반(강간등치상)·강간상해·강도·성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)][미간행]
Escopics

Defendant

Prosecutor

Man Senior Civil Service

Defense Counsel

Attorney Kim Young-hwan (Korean)

Text

A defendant shall be punished by imprisonment for life.

Criminal facts

On April 28, 200, the Defendant was sentenced at the Seoul High Court on April 28, 200 to five years of imprisonment for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Minor Rape, etc.) and completed the execution of the sentence on November 8, 200,

1. At around 14:30 on February 11, 2005, the victim non-indicted 1 (n't 11 years of age) was discovered at the front of the phrase "non-indicted 1 (n't her, 11 years of age)", the victim's desire to rape by causing her desire, and the victim's response to finding Kim engineer in the apartment complex with the victim about 1,00 won, with the victim's response to 1,401 apartment elevator No. 1401 in the apartment complex located in the same location as the above victim, and 15th floor of the apartment apartment No. 1401 in the same location, with the victim's face at one time with the victim's own hand, the victim's face is kn't, the victim's face is kn't kn't, and kn't kn't kn't k's face, so the victim's desire to have sexual intercourse, and the victim's's pressure k k.

2. At around 15:00 on March 24, 2005, the victim non-indicted 3 (man, age 11) walking along the crosswalk in order to get a private teaching institute at the crosswalk near the 2 apartment district located in Yeongdeungpo-gu, Young-gu, Young-gu, (hereinafter referred to as the apartment name omitted), discovered the victim's non-indicted 3 (man, age 11) and let the victim do so in the above way, and let the victim do so in the above way, let the victim 10-dong 1-2 rooftop 2 apartment of the said apartment (name omitted) located in the said apartment building, and let the victim scam in the said warehouse, pushed the victim into the above warehouse, scambling the victim's resistance with the victim's left side, scambling the victim's resistance, cutting off the victim's clothes, scambling the victim's clothes, and scambling the victim into the right side of the second week treatment.

3. Around 14:00 on April 8, 2005, the victim Nonindicted 4 (age 9) who returned home to the school after completing the school in the vicinity of the 410-dong 3-dong-gu Newdong-gu, Youngdong-gu, Youngdong-gu, (name omitted). In the same way as the above paragraph (1) above, the victim was induced to the above apartment 405-dong 3-4 rooftop warehouse in the above apartment 405-dong 3-Ra, and then the victim was sealed into the warehouse, and was bread to "doing the victim's desire to die any longer," and he was feled to the victim's resistance while taking the victim's desire, and he was forced the victim to be off the victim's clothes, and she was raped with the Defendant's sexual organ, and caused the victim to suffer damage to the victim's wife in the number of treatment days.

4. At around 15:00 on June 1, 2005, the victim non-indicted 5 (influence, 10 years old), who was returning to the school at the street near the 101 unit of the 4 apartment complex located in Seongbuk-gu, Sungnam-gu (Seongwon-dong omitted), discovered the victim non-indicted 5 (influence, 10 years old) who was returning to the school, and in the same manner as Paragraph 1, entices the victim into the apartment rooftop in the manner as in paragraph 1; then, the victim's face is hurged with the hand floor; the victim's face is hurged; the victim's clothes is hurged by inserting the victim's resistance by inserting the victim's resistance; and the victim is raped by having sexual intercourse once with the victim;

5. At around 18:10 on July 1, 2005, the victim non-indicted 6 (man, 9 years old) was found to have been returned to a private teaching institute in the vicinity of the 5 apartment-dong, Young-gu, Suwon-gu, Suwon-si (Sadong omitted), near the 915 apartment-dong, and the victim was forced to leave the victim's safety with his hand after inducing the victim to the elevator machine room of the apartment rooftop in the same manner as paragraph 1, and then was in the way of forcing the victim's safety by hand. The part of the snow is 1 time in drinking, and the part of the snow is frighted with his hand, and "I kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn's kn's body, and let the victim enter the defendant's sex soon, sexual intercourse once;

6. On July 18, 2005, at or around 16:40, the victim non-indicted 7 (inn, 11 years old) was found in the street near the third apartment of the Jindong-gu, Young-gu, Young-gu, Gidong (hereinafter apartment name omitted), and the victim was induced to the above apartment 201 rooftop in the same manner as Paragraph 1, and the victim was towed to the above apartment 201 rooftop, and the victim was towed to the above rooftop warehouse by hand, and the victim was sent to the above rooftop warehouse, and was used for drinking, the victim's face was led to the suppression of the victim's resistance, and was exempted from the victim's clothes, and the victim was forced to enter the defendant's sexual organ immediately, rape the victim by sexual intercourse, and was in need of approximately two weeks medical treatment.

7. At around 15:30 on August 27, 2005, the victim non-indicted 8 (inn, 11 years old) was found to have returned to a private teaching institute on the front road of the 6 apartment-dong, Young-gu, Suwon-si (name omitted), Young-gu, Suwon-si (name omitted), and tried to discover the victim in the same way as Paragraph 1, but the above victim was able to attract the victim in the same way as Paragraph 1, but he was able to attract the victim to the above apartment-718 3-4 Ra, with the victim's hand as the victim did not respond to it, the victim's hand to the above apartment-house 718 3-4 Ra, followed the victim's hand on the 20th floor, followed the above victim into the rooftop, and then the victim was unsatted on the rooftop, and the victim's face was opened into the rooftop and pushed the victim's face three times after opening the warehouse door to the rooftop, cut off the victim's face and 1 after rape.

8. On September 11, 2005, around 16:59, the victim non-indicted 9 (inn, 11 years old) was found to have boarded a bicycle in front of the 7 apartment complex located (name omitted of apartment), the victim was induced to the above victim on the rooftop of 101 Dong 1-2Ra, apartment No. 8 apartment in the same location (name omitted) in the same manner as Paragraph 1, and then the victim was frighted once to the face of the victim, and the victim was frighted to the victim "I will stroke the victim if I will stroke the victim's resistance," and the victim was frighted to the victim's clothes after suppressing the victim's resistance, and rape the victim by having sexual intercourse with him, and thereby, the victim suffered from reproductive heat in need of approximately two weeks medical treatment.

9. Around 14:50 on October 28, 2005, the victim non-indicted 10 (the victim non-indicted 10 (the 11-year old age age), who was walking on the road near the Yungdong-dong ( apartment name omitted), after completing a school in the vicinity of the 9 apartment located in Yeongdeungpo-gu, Youngdong-gu, (the name of apartment omitted), discovered 11 years old, and in the same manner as Paragraph 1, the victim was urged the above victim to a rooftop warehouse of 506 Dong-dong 3-4Ra in the same manner as Paragraph 1, and then sealed the above victim into a rooftop warehouse, sealed the victim's timber into a knife, and knife the victim's knife with knife and knife the victim's knife with knife and knife the victim's knife and knife the victim's clothes.

10. Around 13:00 on November 26, 2005, at the roadside near the apartment complex No. 9 of the above (name omitted of the apartment), the victim non-indicted 2 (the victim 13 years of age) who returned home after completing the school. In the same way as Paragraph 1, the victim has induced the victim to the rooftop of 50 Dong 3-4 in the above apartment complex in a rooftop warehouse, and then is sealed the above victim into the rooftop warehouse. The victim was laid off from the cell phone in order to hear the victim's help, she was laid down on the floor, laid down the victim on the floor, she was knicked with the victim's timber, she was frightd with the victim's resistance, she was forced to enter the victim's sexual flag, cut off the victim's clothes, she was able to resist the victim in the state of cash treatment, treatment of the victim, treatment of the victim, treatment of the victim within the scope of 0 days in the face, and she cannot resist the victim.

11. On January 13, 2006, at or around 15:00, the victim non-indicted 11 (the victim non-indicted 11) was found to have been frightened in the way near the 3 apartment complex of Yeongdeungpo-gu Newdong (the name of apartment omitted), after completing an extra class on the way near the 3 apartment complex of Yeongdeungpo-gu, Seoul. In the same manner as Paragraph 1, the victim was induced to the elevator machine room of the above apartment on the 103th apartment, and then the victim was pushed down to the elevator room of 103th, then the victim was pushed down his cell phone of the victim, cut off the victim's face with his hand, cut off the victim's face twice with the knife and knife the victim's face, "the victim shall be knife without hearing the horses, knife the victim's resistance, forced the victim to have sexual intercourse with the victim, let the victim suffer the victim's knife and k off the victim's clothes.

12. At around 12:30 on January 22, 2006, at the bus stop near the third apartment site located in Heunggu-gu New-dong (hereinafter apartment name omitted), the victim non-indicted 12 (n), who was waiting for a bus to return home after completing a church course at the bus stop near the third apartment site located in Young-gu (hereinafter referred to as the apartment name omitted), was found to have attempted to attract the above victim to the above apartment 809 rooftop in the same manner as Paragraph 1, but the above victim did not want to go back to the defendant, the victim was "the victim was kniff in the main machine, and will die without hearing the horses," and the victim was frighted to the victim's grandchildren and forced the victim to go out of the clothes of the victim, who was raped once by sexual intercourse, thereby preventing the victim from suffering from the number of days of treatment due to this act.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness Nonindicted 13

1. Each prosecutor's protocol of examination of the accused;

1. Each police protocol on Nonindicted 1, 3, 4, 6, 16, 8, 9, 10, 2, 11, 14, and 15

1. Each complaint;

1. Each written diagnosis;

1. Each report on the results of genetic search, each request for appraisal, and each report on genetic analysis and appraisal;

1. A report on investigation (report appended to a written judgment);

1. Investigation report (verification of the date of release);

Application of Statutes

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

Article 9 (1), Article 6 (1) of the Act on the Punishment of Sexual Crimes, Protection, etc. of Victims thereof, Article 297 of the Criminal Act (the point of each robbery as provided in paragraphs (1) and (10) of the Criminal Act), Article 333 of the Criminal Act (the point of each robbery as provided in paragraphs (1) and (10) of the same Article), Article 301, Article 297 of the Criminal Act (the point of each robbery as provided in Articles 2, 3, 6, 8, 9, 10, 11, and (12) of the Criminal Act, Article 8-2 (1) of the Act on the Punishment of Sexual Crimes, Protection, etc. of Victims thereof, Punishment of Sexual Crimes, and Protection, etc. of Victims thereof, Article 297 of the Criminal Act (the point of each rape as provided in Article 4, 5,

1. Aggravation of repeated crimes;

Article 35 of the Criminal Act [within the limits under the proviso of Article 42 of the Criminal Act in respect of each robbery and each violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Minor Rape, etc. under thirteen years of age)]

1. Aggravation of concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 1, and Article 50 (As the punishment prescribed for the most serious crime is a life imprisonment penalty, no other punishment shall be imposed)

Grounds for sentencing

In light of the fact that the Defendant was sentenced to five years of imprisonment for a crime similar to the instant case, and the execution of the sentence has not been completed for six months, the Defendant started to stop each of the instant crimes again. The Defendant color the place of rape in advance to commit each of the instant crimes, divided her face into CCTV installed in each apartment elevator, and planned and tight methods of committing the instant crimes, such as the use of victims’ goods, etc. to prevent fingerprint or argument, for a period of up to one year, and the Defendant merely rapes with 12 children at a age similar to her own consciousness, and again commits the instant crime, and the Defendant was tried to commit the instant crime again, and the Defendant cannot be punished for any serious mental harm or injury to the victims of the instant crime, and thus, it is highly probable that the victims of the instant crime and their families have no strong mental harm or harm to the Defendant.

Judges Hongk-man (Presiding Judge) Kim Fung-tae

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