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(영문) 부산지방법원 2013.09.27 2013고합366
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Criminal facts

On June 15, 1989, 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 three years for rape and bodily injury resulting from rape at the Busan High Court on June 15, 1989, and five years for rape and bodily injury by Busan District Court on June 20, 197. On January 8, 2010, the Busan District Court sentenced two years for imprisonment with prison labor and two years for violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Rape, etc. under thirteen years of age) in Busan District Court on January 8, 201 and completed the execution of the above imprisonment with prison labor on October 29, 201.

【Criminal Facts】

On May 12, 2013, around 15:30 on May 15, 2013, the Defendant discovered that the victim D (V, 9 years of age) residing in the above apartment at the entrance of the play place located in Busan Northern-gu C apartment 405, and had a view to committing indecent act by compulsion.

Accordingly, the Defendant forced the victim to go into a pande and forced him to go into a pande and forced the victim under 13 years of age by putting the victim's part on one hand, putting another hand into a pande and pande and pande into a pande, thereby committing an indecent act.

[Fact that is the cause of an attachment order] The Defendant, like the foregoing criminal records and criminal records, was sentenced to imprisonment with prison labor for a sexual crime, and committed a sexual crime within ten years after the execution of the sentence is completed; ② the Defendant committed a sexual crime despite the record of being attached with an electronic device for a sexual crime; ③ The Defendant committed a sexual crime on at least two occasions, and the Defendant committed a sexual crime against a person under the age of 19 and is likely to recommit a sexual crime.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. Statement made by the police against D and statement recorded by the police;

1. A written statement of E (former and previous records on the market);

1. An inquiry report, such as a criminal history;

1. The crime of this case is committed by investigation report (Attachment to a written judgment), identification, and inquiry about confinement (the risk of trial continuation and recidivism).

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