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(영문) 부산지방법원 동부지원 2013.12.13 2013고합200
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간등)
Text

A defendant shall be punished by imprisonment for six years.

The information on the accused shall be disclosed and notified for ten years.

Reasons

Criminal facts

On November 25, 2005, the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") were sentenced to a fine of three million won for the crime of quasi-indecent act by force at the Seoul Western District Court on November 25, 2005. On February 10, 2006, the Daegu District Court was sentenced to a suspended sentence of four years and six months for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (residential Rape, etc.). On June 21, 2007, the suspended sentence was revoked and the execution of the sentence was completed on June 27, 201.

【Criminal Facts】

On September 15, 2013, around 06:50 on September 15, 2013, the Defendant discovered out that the victim E (the 9-year old) was diving at the D6th floor located in Busan Shipping Daegu C, and took the mind that indecent act by force was committed by the victim, and put the victim’s her panty over the victim’s panty, and forced the victim to commit an indecent act by force.

[Factal Facts leading to an attachment order] The Defendant was sentenced to imprisonment with prison labor for a sexual crime and again committed a sexual crime within ten years after the completion of the execution of the sentence, and committed a sexual crime on at least two occasions, and such a sexual crime is recognized, and the Defendant is likely to recommit a sexual crime against a person under the age of 19.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. A report on the occurrence of a crime (sexual assault), investigation report, investigation report (video recording of victimE), statement recording, expert opinion on analysis of children with disabilities, investigation report (specific suspect), investigation report-public prosecutor's document (specific suspect), defendant photograph, investigation report (as to a report on request for national and public appraisal), meeting report on requests for appraisal between the State and the State, investigation report (Attachment to field photo), and investigation report at the time of occurrence of a case;

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