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(영문) 창원지방법원 2013.09.12 2013고합132
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The information on the accused shall be disclosed and notified for five years.

Reasons

Criminal facts

At around 02:00 on May 17, 2013, the defendant and the person subject to the request for the attachment order (hereinafter referred to as the "defendant") issued the victim E (hereinafter referred to as the "victim") with a view to reporting that the juvenile victim E (the age of 13) would be able to commit an indecent act by taking out the victim's body and write down the victim's bridge by her hand, and the victim was able to take up the victim's chest and bridge by taking it down from the victim's will and on the floor, the victim's chest and bridge were stored in the victim's side, and the victim's chest and bridge were cut down by hand, and the victim's finger was laid down by hand.

Accordingly, the Defendant committed an indecent act by force against a juvenile victim who is not able to resist.

[The facts constituting the cause of an attachment order] The Defendant was sentenced to a suspended sentence of six months for a crime of quasi-indecent act by force at the Changwon District Court on February 16, 2012, and on February 24, 2012, the judgment became final and conclusive on February 24, 2012, and thus, the Defendant again committed a sexual crime against a person under the age of 19 during the suspended sentence period, and is likely to recommit a sexual crime

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. A written statement, investigation report (CCTV printed out on the screen);

1. The risk of recidivism of a sexual crime as indicated in the judgment: (a) the circumstances acknowledged by the above evidence and the written investigation before a claim are as follows; (b) the Defendant, even after having been sentenced to a suspended execution as seen above for the crime of quasi-indecent act, by compulsion of adult women again during the suspended execution period; (c) each sexual crime committed by the Defendant is similar to the method of crime in the case of indecent act against the women who were diving at the sobry, ③ as a result of the application of the evaluation of the risk of recidivism of Korean sex offenders (K-STRAS); and (d) the age of the victim of a sexual crime committed by the Defendant gradually is the same.

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