성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간등)
A defendant shall be punished by imprisonment for three years.
The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.
Criminal facts
On September 28, 2011, a defendant and a person subject to an application for an attachment order (hereinafter referred to as "defendant") issued by the Seoul Central District Court for imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Public Place) and completed the execution of the sentence on January 4, 2013.
【Criminal Facts】
At around 01:05 on May 18, 2013, the Defendant discovered that the victim E (the age of 11) was divingd in the second floor of the soup 4 floor No. 1 of the soup dup 4th floor located in Busan Sho-gu, Busan, and that the victim was locked back to the victim, and then the boomed back to the bru on the part of the victim, and then the part of the victim was laid down to the brush.
Accordingly, the defendant committed an indecent act against the minor victim under the age of 13 by taking advantage of the victim's non-fluence state.
[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. The police statement concerning F;
1. Police statements recorded in E (criminal records in the market);
1. Residents and criminal records;
1. The following circumstances, which are recognized by individual identification/admitting status [the risk of recidivism at the time of sale], the following facts, namely, the defendant's age, character and behavior, each judgment in his living environment, and each written investigation of a request for attachment order, were punished four times for committing an indecent act against a woman at a public smuggling place. In particular, the Seoul Central District Court sentenced the defendant on September 28, 201 for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence (Indecent Act at a Public Smuggling Place) in the Seoul Central District Court on September 28, 201, and committed the instant crime, which is a similar crime, at least four months after the execution of the sentence is completed; ② The evaluation score of the risk of recidivism against the defendant at Korea, as 14 points, is the level of "high risk of recidivism."