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(영문) 창원지방법원 진주지원 2018.01.23 2017고합95
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant's information about the defendant is used through an information and communications network for a period of five years.

Reasons

Criminal facts

On December 12, 1986, the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") were sentenced to a suspended sentence of three years and six months, and on October 26, 2006, the Busan High Court sentenced a minor to three years of imprisonment for rape, etc. and completed the execution of the sentence in the Changwon Prison on March 28, 2009.

On October 13, 2017, around 16:50 on October 13, 2017, the Defendant discovered that the Defendant was a victim D (W, 11 years old) living in the same Dong in the vicinity of the warehouse in the Jinju City City City, in which the Defendant kept a paint, etc., and attempted to commit an indecent act against the victim. The Defendant posted a warning to the effect that “W, , , ..................” the Defendant was carrying the victim on the top of the E-mail truck operated by the Defendant, and the Defendant was boarding the said truck.

The defendant, who was the victim of the mobile phone from the defendant, sent the text message at the defendant's request and reconcept the obscenity video that was stored in the above mobile phone, and the victim refused and collected it.

The defect "stamper has a large chest," which reads that "the victim's fingers are stored in the victim's jackets, and the victim's fingers each chest of the victim, and the defect that the victim tried to get off from the vehicle by saying "the victim does not do so," and "Ara" was able to put a hand into the part of the victim and write a part of the victim's kyth, and forced the victim under 13 years of age to commit an indecent act.

[The facts underlying the attachment order] Defendant was sentenced to imprisonment for a sexual crime as described in the above criminal facts, and committed a sexual crime against a minor under the age of 19 within 10 years after the execution of the sentence was completed, and the sexual crime was committed on two or more occasions, and the recidivism is recognized.

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