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(영문) 광주지방법원 순천지원 2013.06.13 2013고합57
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant's information about the defendant shall be made through an information and communications network for three years.

Reasons

Criminal facts

On July 16, 2010, a defendant and a person subject to an application for an attachment order (hereinafter referred to as "defendant") issued by the Incheon District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor, rape, etc. under thirteen years of age) and completed the execution of the sentence on November 23, 2012.

【Criminal Facts】

On April 6, 2013, the Defendant had drinking at the convenience store in Goungung-gun, Goung-gun, Goung-gun, the Defendant: (a) deemed the victim D (here, 14 years of age) who is an employee as a toilet and she saw the victim as two arms; (b) placed the victim's alley part of the victim with a bad hand, and her left part with her left hand, and committed an indecent act by force on the victim as a juvenile.

[Judgment of the court below] The Defendant was sentenced to imprisonment with prison labor for a sexual crime and committed a sexual crime within ten years after the completion of the execution of the sentence. The Defendant committed a sexual crime on two or more occasions, thereby recognizing the habit of the sexual crime, committed a sexual crime against a person under the age of 19, and was in danger of recommitting the sexual crime.

Summary of Evidence

Defendant’s legal statement

B. Records of the victim’s statement: Criminal records, investigation reports (the records attached to the same type of judgment and the date of release), each judgment, and each individual’s personal identification status, and the risk of recidivism of sexual crimes: The following circumstances acknowledged by the evidence and the social report prior to the request, namely, ① the defendant was sentenced to imprisonment with prison labor for a female juvenile under the age of 13 and two years and six months on November 23, 2012, and committed the instant crime again against a female juvenile on November 23, 2012, and five months after the enforcement of the sentence, ② the mental disorder tendency of the defendant at 13 points in total as a result of the evaluation of the victim’s personality of mental illness (PC-R). As a result of the application of the evaluation of the risk of recidivism of a sex offender under the age of 13 to 13 points in total, the risk of recidivism is high.

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