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(영문) 창원지방법원 2014.12.04 2014고합227
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Criminal facts

The facts of the cause of the request for attachment order [criminal facts] Defendant and the person to whom the attachment order was requested (hereinafter referred to as “Defendant”) are Cmiddle School security guards.

On September 28, 2014, while the Defendant was accommodated in Cmiddle School located in D, Changwon-si, the Defendant discovered the victim E (V, 6 years of age) playing mixed in front of the entrance in front of the entrance at around 15:24 on the same day, and opened the victim out of the entrance and after leaving the victim, the Defendant her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Accordingly, the defendant committed an indecent act on the part of the victim under 13 years of age.

[A ground for filing an application for an attachment order] The Defendant is likely to recommit a sexual crime against a person under the age of 19.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. A written statement on the preparation of the defendant;

1. The police statement concerning F;

1. Stenographic records;

1. A report on investigation (to attach CCTV photographs to the crimes);

1. The risk of recidivism in the judgment below: The following circumstances acknowledged by the evidence as above and the written investigation prior to the request for an attachment order, i.e., the victim of this case aged 6 years old, the defendant had been detained due to the crime of violation of the Act on the Protection of Juveniles from Sexual Abuse (Juvenile Rape, etc.) by forceing the victim aged 17 years old at around 2004, and the defendant committed the crime of this case at all times, and the risk of recidivism against the defendant was assessed as 9 points in total as the risk of recidivism in Korea as a result of the evaluation of the risk assessment degree of sex offenders against the defendant, the defendant stated to the effect that sexual impulse was committed by the defendant, and other factors such as the defendant's age, character and behavior, the environment, and the circumstances and contents of the crime of this case.

The defendant and defense counsel shall put the hand into the panty of the victim.

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