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(영문) 서울중앙지방법원 2017.01.20 2016고합873
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The Defendant’s motion to attach the instant attachment order is dismissed.

Reasons

1. The facts charged of the instant case and the grounds for filing a request for the attachment order [the facts charged] The Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) obtained from the Defendant’s residence in Gwanak-gu, Seoul on July 20, 2015 through the “E” camera at the Defendant’s Internet site (hereinafter “E”) at the Defendant’s domicile in Seoul Special Metropolitan City on July 18, 2015, together with the Victim F (a 16 years old), who drinking alcohol and drinking alcohol, was placed on the part of the Defendant on the part of the Defendant on the part of the Defendant, and rejected the request for a sexual relation, the victim’s body was divided into the victim’s body by taking the victim’s knife by taking the victim’s hand on the part of the Defendant’s body, cutting off the victim’s panty with another hand, and preventing the Defendant’s body from being sealed by the Defendant’s hand.

Accordingly, the defendant raped the victim who is a child or juvenile.

[In light of the fact that the Defendant did not appear to have an attitude against the denial of the crime while rapeing the victim who is a child or juvenile, and that there is a lack of criminal responsibilities and ability to maintain good morals as a result of the evaluation of the PC-R (PC-R), and that there is a shocking tendency, shocking tendency, and lack of behavioral control, the risk of recidivism is high.

Therefore, according to Article 5, Paragraph 1, Item 4 of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the defendant is requested to attach an electronic device to the defendant.

2. The defendant and his defense counsel's assertion has a sexual intercourse under the agreement with the victim at the time, time, and place indicated in the facts charged, and there is no fact that the defendant has been raped by suppressing the victim's resistance by taking the hand of the victim who has refused the sexual intercourse, taking the part of the victim's body, taking the part of the victim's body, etc.

3...

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