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(영문) 창원지방법원진주지원 2020.09.10 2020고합48

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

A defendant shall be punished by imprisonment for four years.

The information on the accused shall be disclosed through an information and communications network for five years.

Reasons

Criminal facts

On October 24, 2018, a defendant and a person to whom an order to attach an electronic device was requested (hereinafter referred to as "defendant") was sentenced to imprisonment with prison labor for three years and five years of suspension of execution for violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor similar act under thirteen years of age) at the Busan High Court, and the judgment became final and conclusive on November 1, 2018.

1. On January 15, 2020, the Defendant: (a) around 17:24 on January 15, 2020, at the C neighboring parking lot located in Jinju-si B; (b) around 17:24, the victim D (one’s name, two’s age, and seven’s age) got her her her her her her her her her her her her her her her her her her her her, and then forced the

Accordingly, the defendant committed an indecent act against the minor victim under 13 years of age.

2. On April 30, 2020, the Defendant: (a) around 13:30 on April 30, 2020, the Defendant: (b) moved the victim F (one’s name, half, and eight years of age) to the alley; (c) opened the victim’s shoulder to the alley; and (d) opened the victim’s shoulder with his left hand to the alley; and (d) opened the victim’s buck and bucks into the part part of the victim; and (e) made the victim’s request for sound and assistance, the Defendant prevented the victim from suffering from the victim’s left hand.

Accordingly, the defendant committed an indecent act against the minor victim under 13 years of age.

Even though the defendant is under suspension of the execution of a sexual crime, he/she is found to have committed the sexual crime of this case at another time, and committed the sexual crime two or more times as stated in the judgment of the court, and the recidivism is recognized. The person who committed the sexual crime against a minor under the age of 19 is likely to recommit the sexual crime in light of the circumstances of the crime, the defendant's environment, character and conduct, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of the victims recorded in the victim D and the victim F in each video recording CD;

1. Each police record statement of G, H, and D;

1. Table of 112 Reporting Cases (No. 4, 11 No. 11);

1. The scene of damage;