A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Criminal facts

Around 00:40 on December 22, 2012, the Defendant: (a) discovered the victim D (nives, 17 years of age) in the Changwon-si C apartment, Changwon-si, Changwon-si; (b) boarded the elevator together with the elevator; (c) forced the victim, who is a child or juvenile, to commit an indecent act by force, and thereby, sustained 19 days of medical treatment for the victim.

[Fact-finding Facts of the attachment order] It is necessary to attach a location tracking device to the defendant for the purpose of checking whether the matters to be observed are complied with during the probation period.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. On July 22, 2009, the Defendant, who needs to attach an electronic tracking device during the period of probation, was sentenced to the suspension of the execution of one year and six months of imprisonment for violation of the Act on the Punishment of Sexual Crimes and the Protection, etc. of Victims (residential Rape, etc.) on July 22, 2009, and the Defendant committed the instant crime. According to the previous investigation report on the Defendant, the Defendant’s application of the Korean risk assessment level of recidivism (K-STRAS) as a result of the Korean sexual offender recidivism risk assessment (PC-R) and the evaluation of the selection of a mentally ill person (PCL-R), reported to the high risk of recidivism and the middle level. All of the previous criminal records and the instant criminal acts are under the influence of alcohol, and the Defendant is tendency not to restrain sexual desire when the Defendant is under the influence of alcohol, and there is a need to attach an electronic tracking device to confirm whether the Defendant complies with the requirements during the period of probation.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. Suspension of execution is Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing).