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(영문) 수원지방법원 안산지원 2014.02.14 2013고합367

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Criminal facts

On December 19, 2003, the defendant and the person to whom the attachment order was requested (hereinafter referred to as "defendants") were sentenced to imprisonment with prison labor for one year for violating the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (a minor rape, etc. under thirteen years of age) in Ansan District Court’s Ansan Branch.

【Criminal Facts】

On October 23, 2013, around 17:35, the Defendant stated the written indictment in G as “G,” but in light of the investigation records 59,90,91 pages, the distance from the victim’s residence to the victim’s residence, etc., the Defendant’s correction ex officio is made ex officio.

At the entrance of the first floor of the building, the second floor of the same building completed the "D driving school", and discovered the victim E (5 years old) who is a child getting from the elevator to move at home, and drink the victim's mind to force indecent act by compulsion.

After that, the Defendant committed an indecent act by force against a minor victim under 13 years of age according to the victim's 100 meters away from 100 meters away from her residence building of the second floor of the victim's residential building F in light of luminous life, brought the victim's hand to the Defendant's sexual flag by taking the victim's hand and scambling, and forced him to wear the victim's seat.

[Judgment of the court below] The defendant committed a sexual crime against a minor under the age of 19 as stated in the above facts of the crime, and is likely to recommit a sexual crime.

Summary of Evidence

【Criminal Facts in the Market】

1. Partial statement of the defendant;

1. Partial statements of each prosecutor's office and police interrogation protocol of the accused;

1. Recording record, and the picture of the victim's own;

1. A photograph, record of seizure and the list of seized articles of the suspect;

1. Photographs of CCTV data, investigation report (related to the victim's front side investigation), CCTV images of the mobile route of the suspect, and bicycle photographs (prior record on the market);

1. The references to criminal records and other inquiries (A), investigation reports (report attached to a judgment) (the risk of recidivism of sexual crimes in the form of sale), each of the above evidences, and replys to a request prior to the request.