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(영문) 서울서부지방법원 2014.09.30 2014고합101

아동ㆍ청소년의성보호에관한법률위반(준강간등)등

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Criminal facts

On September 10, 2008, the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendants") were sentenced to imprisonment with prison labor for 8 months and 2 years under suspension of execution for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (a minor rape, etc. under 13 years of age) at the Suwon District Court.

【Criminal Facts】

1. A quasi-indecent act by compulsion around 03:45 on January 26, 2014, at the “D” forest bath room in Yongsan-gu Seoul Metropolitan Government Yongsan-gu, the Defendant approach the victim E (the age 21) who was diving to the victim E (the age 21) to leave the victim’s buckbucks, and made the victim’s bucks and bucks up his hand with the victim’s anti-bucks, thereby committing an indecent act by force against the victim who was in a state of failing to resist.

2. When the Defendant was found to have committed a crime as to E by a witness at the same date, time, place, and place as 1.1. In other words, the Defendant accessed the victim F (the age of 17) who was diving in the “natural Epid bank” at around 05:00 on the same day after moving the place to another room, and she committed an indecent act against the victim, who was a juvenile in the state of failing to resist because he/she was she was able to enjoy the lusium and the breast part by the victim’s side.

[Fact that constitutes a ground for an attachment order] The Defendant is found to have committed a sexual crime on at least two occasions, and is likely to recommit a sexual crime against a person under the age of 19.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the police officer E and F;

1. Investigation report made by the police (CCTV image reuse analysis);

1. Investigation report on the preparation of the prosecutor's office (Listening to the G Statements for Witnesses);

1. [At the time of sale]: Criminal history records and another inquiry report (A);

1. [Attachments of Sexual Crimes and Danger of Reoffending]: Each of the above evidence, the investigation report prepared by the police prior to the request for attachment order, each reply to the investigation by the police, the investigation report prepared by the prosecution (A), and the investigation report prepared by the prosecution (the same records of investigation by the suspect, the attachment of the judgment).