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(영문) 인천지방법원 2013.07.11 2013고합279

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간등)등

Text

A defendant shall be punished by imprisonment for five years.

The defendant's disclosure of information about the defendant is made through an information and communications network for five years.

Reasons

Criminal facts

and the facts constituting the cause of the attachment order [criminal facts]

1. On February 3, 2013, at around 05:00 on February 3, 2013, the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) discovered the victim E (the age 21) who was divingd in the “Dina” located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and the victim met the victim’s development and bridge by his/her hand, and committed an indecent act as soon as the outbreak occurred.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's potential to resist.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor quasi-rape, etc. under thirteen years of age) found out the victim F (7 years of age) who was locked after committing the crime as provided in paragraph (1) at the same time and at the same place and moving the place, and committed an indecent act against the victim by using the victim’s bucks by hand twice.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim under 13 years of age that he/she was unable to resist due to sleep.

[Judgment of the court below] The Defendant committed a sexual crime against a minor under the age of 19, and committed two or more sexual crimes, and thus, is likely to recommit a sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. A statement made by the victim F in the statement recording CD;

1. Statement to E by the police;

1. Requests for appraisal;

1. The victim's young forest directly;

1. In full view of the Defendant’s criminal records and the method and consequence of the instant crime, Defendant’s age, character and conduct, environment, awareness and attitude of sex, etc., which are acknowledged as a comprehensive investigation report, investigation report (attached to the same previous judgment) and attached materials before the risk of recidivism of the sexual crime as indicated in the judgment, it may be recognized that the Defendant is likely to recommit the recidivism of the sexual crime and the sexual crime.

Application of Statutes

1. Criminal facts;