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(영문) 부산지방법원 2013.08.30 2013고합341
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간등)
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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

On December 9, 2009, the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) issued a summary order of KRW 3 million for the crime of indecent act by force at the Busan District Court on December 9, 2009, and on May 30, 201, the Busan District Court issued a summary order of KRW 4 million for the crime of quasi indecent act by force.

At around 07:10 on April 28, 2013, the Defendant discovered the victim F (the age 11) who was divingd at the entrance of the fourth floor in Busan Shipping Daegu D, and confirmed that the victim was locked by rhumping the victim's growth floor by raiding the victim's kym, and raid it into the victim's kym, and the victim was humf, and the victim was humfed. At around 07:37 on the same day, the Defendant dumfed the victim's bridge at the above location and carried the victim's kym on the side and pushed the victim's kym on the victim's bridge.

Accordingly, the defendant committed an indecent act on the part of the victim by taking advantage of the mental condition of the victim.

[Judgment of the court below] The defendant is guilty of having committed a sexual crime on two or more occasions as stated in the facts of the crime in the judgment below, and the defendant committed a sexual crime against a minor under the age of 19 and is likely to recommit a sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Results of each verification by this Court on CCTV video CDs and victim’s video recording CDs;

1. Statement recording about F;

1. A CCTV CD or a victim’s statement-recording CD;

1. Investigation report (limited to the attachment of CCTV images and photographs recorded at a criminal scene);

1. Previouss before ruling: Criminal history records, inquiry reports, investigation reports (reports on criminal records A of the same kind as a suspect);

1. The risk of recidivism and recidivism in the judgment: The following circumstances acknowledged by each of the above evidence and the investigation before the request for attachment order is made, namely, before the crime of this case is committed, as stated in the first head of the crime in the judgment.

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