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(영문) 대구지방법원 2017.09.15 2017고합207
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

Defendant

On May 15, 2016, the claimant for the order to observe the protection (hereinafter referred to as the "defendant") 07:30 to 08:00 on May 15, 2016, the victim E (the 16 years old at the time of damage), who was a child or juvenile, who was divingd in the second floor of "D" located in Nam-gu, Nam-gu, Seoul, at the port of port, was released from the victim E (the 16 years old at the time of damage).

As a result, the Defendant committed an indecent act on the part of the victim by using the victim's non-refluence status.

The defendant, who is the cause of the claim for the order to observe the protection, committed an indecent act against the victim who is a child or juvenile in a soup room that many men and women jointly use, and is likely to recommit sexual crimes.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Statement made by each prosecution with respect to G and H;

1. Photographs of damaged place;

1. A criminal investigation report (related to the on-site situation, the suspect’s speech and behavior related to the suspect immediately after the occurrence of the case, and the location of the suspect and victim);

1. Comprehensively taking account of the following circumstances acknowledged by the record of the instant case, including the evidence examined prior to the risk of recidivism of a sexual crime as indicated in the judgment, the written investigation prior to the claim, and other circumstances revealed in the arguments, the risk of recidivism of a sexual crime is recognized

① The instant sexual crime was committed once by taking advantage of the physical and mental loss of the victim, who is a child or juvenile, or the impossibility of resistance, and the nature of the crime is very good in light of the object of the crime, method and content of the crime.

② As a result of the assessment of the risk of recidivism in Korea (KSORAS) against the Defendant, the risk of recidivism is at least 13 points in total, and the risk of recidivism is at least 10 points in total as a result of the assessment of the risk of recidivism in Korea (PC-R), and the risk of recidivism in light of the mental path characteristics is at least an intermediate level, and the risk of recidivism in general is at least an “high level” or “middle level.”

(3) The defendant.

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