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(영문) 서울중앙지방법원 2019.08.30 2019고합502

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Disclosure and notification of information on the accused for five years.

(b) the defendant;

Reasons

Criminal facts

On June 19, 2015, at the Seoul Central District Court, the Defendant and the person against whom an order to attach an electronic device was requested (hereinafter “Defendant”) sentenced two years to imprisonment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc., and the execution of the sentence was terminated on March 25, 2017. On January 8, 2016, the Suwon District Court sentenced the Defendant to four months of imprisonment for a quasi-indecent act in the extension of Suwon District Court’s branch, and completed the execution of the sentence on July 25, 2017.

【Criminal Facts】

On June 2, 2019, at around 04:55, the Defendant discovered victim D (one year old, 11) who was divingd on the floor with his/her family members in the middle-gu Seoul Central District Office “C” or the surface room located in Jung-gu Seoul Metropolitan Government, and opened the victim’s hand back, and bucks and knicks and bucks of the victim were rownd.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the mental condition of the victim under 13 years of age.

[Judgment of the court below] The defendant committed a sexual crime against a victim under the age of 19 and was punished for a sexual crime as stated in the judgment of the court below, and the defendant's environment, character and conduct, etc. are likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reproduction of the face of the crime;

1. Stenographic records;

1. Previous records of judgment: Criminal records, inquiry reports, related judgments, and current status of acceptance by individuals;

1. The risk of recidivism of a sexual crime as indicated in the judgment: The following circumstances revealed by the evidence adopted and examined by the court, and considering the character, conduct, environment, family relationship, motive and background of the crime of this case, the method and content thereof, and the situation before and after the crime, it is recognized that the defendant is likely to recommit a sexual crime.

① The three-time crimes committed by the Defendant prior to the instant crime are all taken soup.