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(영문) 서울고등법원 (춘천) 2015.08.26 2015전노15
아동복지법위반(상습아동학대)등
Text

The request for the attachment order of this case is dismissed.

Reasons

The summary of the request for an attachment order is that a person subject to the request for an attachment order who forcibly commits an indecent act on his/her parents and is likely to recommit a sexual crime.

Judgment

The fact that a person who requested an attachment order commits a crime of indecent act by compulsion against his/her father and wife several times is obvious to the Korean court. According to the record of the written investigation submitted by the prosecutor, the risk of recidivism by the Korean sex offender according to the results of the evaluation of the risk of recidivism (K-SOAS) can be revealed to the fact that the risk of recidivism by the Korean sex offender is the total point of 13 points.

However, the degree of evaluation of recidivism risk of a sex offender in Korea can be seen as having no big difference with the person who received it, i.e., the degree of evaluation of recidivism risk of a sex offender in Korea ranging from 0 to 6, 7 to 12, 13 to 29, 13 to 29, 13 to 12.

on the basis of the cattle, an evaluation statement on the overall criminal inclinations rather than sexual assault crimes.

Since the importance of the lawsuit is so high that it is difficult to expect a regular evaluation of the sexual and psychological characteristics of the person subject to the request for attachment order, the result can only be used as reference materials for determining the risk of re-offending, but it cannot be used as a ground for a conclusive determination.

In light of the unique characteristics of the place and situation where a crime was committed, a person subject to an order to attach an electronic device has no record of being punished for committing a sexual crime so far and commits an indecent act against his/her family in the same place where he/she resides together, and thus, it is difficult to deem that the person subject to an order to attach an electronic device would pose a risk of committing a sexual crime again after being subject to criminal punishment for the instant case.

The conclusion is.

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