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(영문) 수원지방법원 평택지원 2014.07.09 2013고합183
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

The defendant's disclosure of information about the defendant shall be made through an information and communications network for five years.

Reasons

Criminal facts

On December 13, 2013, the defendant and the person to whom the attachment order was requested (hereinafter referred to as "defendants") were sentenced to imprisonment with prison labor for the crime of gambling opening at the Suwon District Court for six months, and the judgment was finalized on the 21st of the same month.

【Criminal Facts】

At around 18:50 on September 26, 2013, the Defendant was seated in the Dog or the rest room in Pyeongtaek-si C, and the victim F (12 years old) who is his/her father, working for the said Dogna, was only passed, and the victim’s left side and right chest are only once turned out by his/her hand, and then the victim was seated in the sofa, and then he/she committed an indecent act on a person under the age of 13 by coercioning the victim’s chest with his/her arms while driving down the victim’s chest with his/her arms.

[Judgment of the court below] The defendant committed a sexual crime against a person under the age of 19 as stated in the judgment of the court below, and is likely to recommit a sexual crime.

Summary of Evidence

【Criminal Facts in the Market】

1. A statement made by the witness E in this Court;

1. The statement of the victim recorded in the video CD;

1. Partial statement of the suspect interrogation protocol of the accused prepared by the public prosecutor;

1. Recording a record of the statement made by the victim in the course of making the G;

1. Statement of a statement analysis expert’s written opinion on sexual assault cases against children with disabilities prepared by H;

1. An entry of a deceased letter or an internal medicine map (pre-trial record on the market);

1. The following circumstances acknowledged by the evidence duly adopted and examined by this court as well as the statement prior to the claim (A) in the police inquiry report (the risk of recommitting a sexual crime on the market). In other words, the Defendant had a record of having been sentenced to a suspended sentence of four years and six months in the Seoul District Court on January 6, 1982, due to the crime of rape in North Korea branch of the Seoul District Court, and the Defendant’s application of the Korean sexual offender risk assessment scheme (K-SORS) to the Defendant is the total point of 13 points in order to enhance the risk of recidivism.

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