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(영문) 수원지방법원 안산지원 2014.01.03 2013고합321

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)

Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Criminal facts

Around 1:40 on August 13, 2013, the facts constituting the cause of the attachment order [the facts of the crime] Defendant and the person subject to the request for the attachment order (hereinafter referred to as “Defendant”) inserted the Defendant’s sexual organ into the victim’s entrance by inserting the victim’s knife (7 years of age, and knife). The victim’s knife, knife the victim’s hand, knife the victim’s back to the fourth building C, leading the victim’s knife, knife the victim’s sexual organ, and allowing the victim to wear the Defendant’s sexual organ by hand, and sending the victim’s sexual organ to the house as soon as possible for two minutes of the victim’s sexual organ.”

Accordingly, the defendant committed similar acts to the victim under 13 years of age.

[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. Defendant's legal statement;

1. Records of statements;

1. The photograph, record, and list of seized articles;

1. On-site photographs, CCTV images, investigation reports (related toCCTV car screen results), comparative photographs of the suspect's attachment [the risk of recidivism of a sexual crime at the time of sale] each of the following circumstances acknowledged by the above evidence and records, police suspect interrogation protocol, crime records, investigation records, and community report prior to the claim, i.e., (i) the defendant has long been sentenced to a suspended sentence of four years or more due to indecent act by force on April 18, 1984; (ii) the defendant has been sentenced to a suspended sentence of four years or more due to a minor's indecent act by force on April 18, 1984 (the defendant was sentenced to a criminal investigation agency; (iii) the female student's negative part at that time was sentenced to punishment (the investigation records 181 pages); and (iv) the defendant returned to the Ethy place prior to the crime of this case for more than one hour prior to his presentation and return to the investigation records of the crime of this case.