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(영문) 서울북부지방법원 2012.11.09 2012고합503
아동ㆍ청소년의성보호에관한법률위반(준강간등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

The facts as to the cause of the crime of indecent act by compulsion at the Seoul Northern District Court on July 11, 2007, the name of the crime stated in the above judgment of indecent act by indecent act by indecent act by indecent act by indecent act by the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") constitutes "quasi indecent act by indecent act" or the contents of the crime,

On February 27, 2009, the parole period was passed on April 1, 2009, after having been sentenced to 8 months of imprisonment with prison labor in Seongdong-gu and on February 27, 2009.

【Criminal Facts】

From September 16, 2012, from around 08:00 on September 16, 2012, the Defendant discovered that the victim D (here, 17 years of age) was locked, and came back to the victim's side for about 30 minutes, she laid down his/her bridge on the victim's bridge.

The victim was able to move the defendant from the lock to the damaged location, and the lockeder and the defendant moved again to the victim's side and laid his bridge on the bridge of the victim.

As a result, the Defendant committed an indecent act on the female by taking advantage of the state of mental disorder of the child or juvenile victim.

[Fact of Cause for Attachment Order] The Defendant is a person who once again commits the instant sexual crime within ten years after having been sentenced to imprisonment for committing a sexual crime and the execution of the sentence is completed, and the Defendant is highly likely to recommit a sexual crime in light of the background of the crime committed by the Defendant, criminal records, and character and conduct, and thus, an attachment order

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Each written statement of D and E;

1. A complaint;

1. Investigation report (acquisition and verification of video images recorded on a Handphone);

1. Previous records: A statement of inquiry, such as a copy of judgment and criminal records, and the current status of personal identification;

1. Prior to the risk of recidivism in the judgment, the evidence mentioned above and the statement of a reply prior to the request for attachment order.

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