logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.02.02 2016고합383
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The Defendant’s motion to attach the instant attachment order is dismissed.

Reasons

1. The facts charged and a summary of the grounds for requesting the attachment order;

A. According to the summary of the facts charged, the Defendant and the person who requested the attachment order (hereinafter “Defendant”) (hereinafter “Defendant”) around March 2015, the victim E (the age of 16) was confirmed to be the 16 years of age at the time of the instant crime by H students. The victim’s “17 years of age” in the instant indictment is obvious that “16 years of age” is a clerical error in the “16 years of age.” As such, the foregoing change is recognized ex officio to the extent that it does not pose a substantial disadvantage to the Defendant’s defense right.

It is between the three days of introduction and restriction, and the victim is a person with a physical disability in the third place of intellectual disability.

On November 19, 2015, the Defendant: (a) around 19:30 on November 19, 2015, the Defendant: (b) “A studio” 34 room located in “G” in Ulsan-gu, Ulsan-gu; (c) obstructed the victim from lying on the floor; (d) obstructed the victim’s chest; and (e) obstructed the victim’s chest by the victim’s being pushed into the victim’s shot, and had sexual intercourse by inserting the victim’s shot by force.

Accordingly, the defendant, by force, has sexual intercourse with the victim who is a juvenile.

B. In light of the fact that the Defendant, as seen above, did not seem to have committed a sexual crime, such as denying the commission of the crime, and that the comprehensive risk of recidivism was an interim level as a result of the investigation conducted before the judgment, the risk of recidivism is high as a result of the evaluation conducted by Korea’s sexual offender’s sexual crime (KS-R), and the risk of recidivism was assessed as either an interim level as to the risk of recidivism (PC-R) as to the risk of recidivism as a result of (PC-R).

Therefore, the location tracking device should be attached in accordance with Article 5 (1) 4 of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc.

2. It is true that the Defendant and the defense counsel have sexual intercourse with the victim at the time of the instant case.

(b).

arrow