성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Criminal facts
On October 6, 2012, the defendant and the person against whom the attachment order was requested (hereinafter referred to as the "defendant") are sought to move the cartoon to the left side of the victim D (the age of 12) who was reporting a cartoon through a computer at CPC on October 18:20, 2012, to the left side of the victim D (the age of 12) and to look at the victim's knee and unfold, and to see the victim's view. The victim's left side buckbuck is attempted to spread the victim's sexual organ.
As the victim refused to do so, the victim forced the victim to take the left hand of the victim, let the victim take up the right buckbucks of the defendant, and the victim forced the victim to take the hand again and have the defendant take the knicker's sexual organ.
The defendant committed sexual assault against a minor under 16 years of age, is likely to again commit sexual assault, and it is necessary to attach an electronic tracking device to confirm whether he/she complies with the rules during the period of probation.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. The risk of recidivism and the necessity to attach an electronic tracking device during the period of probation: The circumstances acknowledged by the claim prior investigation report, investigation report (related to the Handphone photograph), copy of the case delivery statement, written opinion, criminal records, etc., namely, the Defendant committed indecent act by force against a child under the age of 13 on four occasions from October 2010 to November 201 of the same year; the Defendant was sentenced to the suspension of indictment on December 21, 2010; the Korean sex offender risk assessment method (KSCRAS) applied to the Defendant; the Defendant’s recidivism risk assessment method constitutes “high” level; the Defendant’s alcohol addiction as a result of a prior examination (AUDIT); the Defendant’s motive for the instant crime; the Defendant’s personality and behavior before and after the instant crime; and the Defendant’s environment.