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(영문) 수원지방법원 2018.06.11 2018고합109
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

A defendant shall be punished by imprisonment for seven years.

The information on the accused is disclosed through an information and communications network for a period of five years.

Reasons

Punishment of the crime

[2] The criminal facts of the Defendant and the person requesting an attachment order (hereinafter “Defendant”) committed an indecent act by using the victim’s words with low intelligence compared to the victim C (Ga name, 11 years of age, intellectual disability 1 level), and by using the victim’s words in order to see whether the Defendant is kid, the victim was indecent act by using the victim’s words. On August 13, 2017, the victim found the victim at the home of the Defendant located at Ansan-si D around 11:40 on the day of 13, 2017 and was under the influence of the victim’s entry into the victim, putting the victim’s chest and part of the victim’s chest, and continuing to commit an indecent act by force against the victim, including “the victim’s hair and part of the victim who was suffering from the victim’s hair and part of the victim’s finger,” and continuing to commit an indecent act by force.

[Risk of Re-offending] The Defendant was sentenced to a suspended sentence of two years and six months in Seoul Northern District Court on December 30, 2005 to a person who has committed a sexual crime against a disabled person under the age of 19, and the Defendant was sentenced to a suspended sentence of two years and six months for a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Rape by Relatives, etc.) at the Seoul Northern District Court on December 30, 2005. Since the Defendant committed the instant crime on at least two occasions, it is recognized that the said crime was committed, and there is a risk

Summary of Evidence

【Criminal Facts】

1. stenographic records or CDs made by the victim's statement (video recording on the victim's statement);

1. A gene appraisal report;

1. Statement assistants' report and expert's opinion (before judgment);

1. In full view of the following circumstances, an investigation report (a person who was punished by having sexual intercourse with sheshel’s wife and being punished), an investigation report (Attachment to a written decision of non-prosecution that was suspended from indictment for the same type of crime) (the risk of recidivism in the judgment of the court below), and the details of the instant crime, the Defendant’s age, sexual conduct, and the investigation report prior to the claim, the risk of recidivism of a sexual crime by the Defendant.

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