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(영문) 수원지방법원 여주지원 2012.09.20 2012고합106
성폭력범죄의처벌등에관한특례법위반(강간등치상)등
Text

A defendant shall be punished by imprisonment for fifteen years.

The defendant's disclosure of information to the public shall be made through an information and communications network for ten years.

Reasons

Criminal facts

and the facts constituting the cause of the attachment order [criminal facts]

1. On July 3, 2012, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Bodily Injury resulting from Rape) and the person subject to a request to attach an attachment order (hereinafter referred to as the “Defendant”) discovered the victim D (three years old), who was playing water at the water supply center adjacent to the Gain-gun in the Gyeonggi-do around July 21, 2012, the Defendant got out of the victim and went back to the E Park Park in front of the Gyeonggi-gun in the Gyeonggi-do.

At around 22:00 on July 3, 2012, the Defendant arrived at the sperm, laid off the victim on the sperm, laid off his clothes, and exceeded all of his clothes.

계속하여 피고인은 입으로 누워있는 피해자의 성기와 젖꼭지를 빨고 자신의 손가락을 피해자의 성기에 2회 넣고 빼기를 반복하는 방법으로 13세 미만인 피해자를 강제로 추행하였고, 이로 인하여 피해자에게 24주의 추적검사를 요하는 처녀막의 파열 등의 상해를 입게 하였다.

2. On July 3, 2012, the Defendant was under the influence of alcohol at a 0.117% by blood alcohol level around July 21, 2012, and the Defendant driving a falb from the 10km section to the front park of the Gyeonggi-gun E, Gyeonggi-gun, without a driver’s license, at around 10km from July 3, 2012 to the road in front of the Gyeonggi-do, around 23:50.

[Judgment of the court below] The defendant committed a sexual crime against a minor under 16 years of age as stated in paragraph (1) of the same crime and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Seizure records;

1. Stenographic records;

1. A medical certificate;

1. The risk of recidivism in the judgment: The defendant committed a crime by a female who is merely three years of age as stated in the judgment of the court; the defendant's character stated in the investigation before the claim; the defendant's character of the defendant; the evaluation of the risk of recidivism by a Korean sex offender against the defendant; and the evaluation result of the evaluation of the risk of recidivism by a Korean sex offender; the PCL evaluation of a mental disorder.

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