Cases
Act on the Punishment of Sexual Crimes and Protection of Victims Thereof, 208 and 144
Violation of the rate (Minor Rape, etc. under thirteen years of age)
Defendant
iceOO(37 years old, South son), free of duty
-
Gwangju-gu 0**
Prosecutor
Kim Jong-ok
Defense Counsel
Attorneys Kim O (Korean National Assembly)
Imposition of Judgment
May 29, 2008
Text
A defendant shall be punished by imprisonment for one year.
The fifty-three days under detention prior to the rendering of this judgment shall be included in the above sentence.
Access information on the accused shall be made available for inspection for five years.
Reasons
Criminal facts
On March 14, 2007, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Act in the Punishment of Sexual Crimes and Protection, etc. of Victims (a minor, rape, etc. under the age of 13) at the Gwangju District Court on March 8, 2008, and completed the execution of the sentence at the prison on March 00 on March 8, 2008, and on April 6, 2008, the Defendant was unable to set up and set up a victim Kim0 (seven years of age) playing at the 00-dong 00 parking lots located in Gwangju City around 00-Gu 00, and was forced by the same method at the same time to commit a indecent act against the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police station (Article 00, Kim 00, Lee 00);
1. Criminal records and investigation reports (the report on confirmation of the expiry date of punishment);
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
Article 8-2 (3) of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof, and Article 298 of the Criminal Act
1. Aggravation for repeated crimes;
Articles 35 and proviso of Article 42 of the Criminal Act
1. Aggravation for concurrent crimes;
The punishment provided for in the former part of Article 37, Article 38(1)2, Article 50, and the proviso to Article 42 of the Criminal Act (the aggravated punishment of concurrent crimes by concurrent crimes prescribed in the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (the minor rape, etc. under thirteen years of age) against a victim with heavier penalty)
1. Inclusion of days of detention in detention;
Article 57 of the Criminal Act
1. Order of inspection;
Article 37(1)1 and (4) of the Act on the Protection of Juveniles against Sexual Abuse
Judges
Lee Jae-chul (Presiding Judge)
Dried Jins
Kim Young-young
Power-based District Court Decision 200
Section 2. Books of History 2
Resolution
Act on the Punishment of Sexual Crimes and Protection, etc. of Victims
Violation of applicable rate (injury by Rape, etc.)
PakO (50years, male), and non-permanent,
-
Residence State***
Dr. Sick yarn Kim Jong-ok
Attorney Jin-ho et al., Counsel for the defendant
Judgment rendered on May 29, 2008
A defendant shall be punished by imprisonment for not less than two years and six months.
The 54 days of detention before this judgment is sentenced shall be included in the above sentence.
except that the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
To order the probation of the accused.
Access information on the accused shall be made available for inspection for five years.
Criminal facts
The defendant, around April 4, 2008, at the house of 00 apartment units located in Gwangju 00-Gu 00-dong, Gwangju 00-dong **** such ** * * lying a female into a so-called so-called mar, put it into the mar, put it into the mar, put it into the mar, cut it into the mar, cut it into the mar, cut the kar, cut the kar, cut the kar, cut the kar of the female into the kar, cut the Defendant’s face as knar, hick, hick the Defendant’s face into the knar of the female, put it into the knar of the female in the knar, put it into the knar, put it into the Defendant’s face into the knar.
Accordingly, the defendant committed an indecent act against the victim's relatives, and thereby, inflicted an injury on the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police in relation to 00 and Park 00;
1. Each photograph, injury diagnosis certificate, copy of a set of diagnosis and treatment, and the mother of the victim involved in the injury, 20 other parties;
Statement hearing report, a certified copy of family register
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
Articles 9(2) and 7(2) of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof
section 298 of the Criminal Act
1. Discretionary mitigation;
Articles 53 and 55 (1) 3 of the Criminal Act (the confession of all crimes by the accused and reflect in depth)
the defendant's age and environment, etc.
Article 2)
1. Inclusion of days of detention in detention;
Article 57 of the Criminal Act
1. Suspension of execution;
Article 62 (1) of the Criminal Act (the person with parental authority of the victim does not want the punishment of the defendant)
In addition, the reasons for discretionary mitigation
1. Probation;
Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.
1. Order of inspection;
Article 37 (1) 1 of the Act on the Protection of Juveniles against Sexual Abuse
It is so decided as per Disposition for the above reasons.
Judges Lee Jae-han
Dried Jins
Kim Young-young