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(영문) 창원지방법원 2013.10.10 2013고합184
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

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

1. Around 08:00 on May 8, 2013, the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) discovered the victim E (13 years of age) in front of the D cafeteria located adjacent to the D cafeteria in Chang-gu, Chang-si, and committed an indecent act by force against the victim by continuing to walk the victim without stopping the victim.

2. Public performance and obscene;

A. After committing the crime described in paragraph (1), the Defendant discovered G(s) in the middle of the F cafeteria in the vicinity of the F cafeteria, and made a public obscenity by taking out the G(s) from one’s sexual organ into consideration, thereby committing an obscene act.

B. On May 14, 2013, the Defendant around 08:10 and around 2:10

At the same place as the paragraph, H(13 years of age) was discovered, and such act was publicly obscene by using self-defense, such as scaming scamblings from the sexual organ in the future.

[Fact-finding Facts of the attachment order] It is necessary to attach an electronic tracking device to the defendant for the purpose of checking whether the matters to be observed are complied with during the probation period.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Each police statement of H and E;

1. G statements;

1. From June 2008 to May 11, 2009, the Defendant, who needs to attach an electronic tracking device during the period of probation, committed the instant crime again after receiving a summary order of fines on two occasions, even though he/she was subject to a summary order of fines. According to the Defendant’s prior investigation on the claim, the Defendant’s application of the Korean risk assessment scheme of recidivism (K-SORS) to the level of “high risk of recidivism” with the total point of 15, and the Defendant is sexual intercourse.

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