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(영문) 부산지방법원 서부지원 2019.08.22 2019고합118
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Criminal facts

Facts of the cause of probation order [criminal facts]

1. On May 1, 2019, at around 16:11, the Defendant and the person requesting a probation order (hereinafter “Defendant”) found the victim D (tentative name, leisure, and Ear life) who was entering the entrance from the entrance to the entrance of the Busan YY-gu B apartment Cdong 1-2, the Defendant and the person requesting a probation order (hereinafter “Defendant”) were aboard the elevator, following the finding of the victim D (tentative name, Ear life).

As above, while the Defendant was getting on and off the elevator with the victim, the victim brought the defective victim about from the fifth floor to the subsequent, prevented the victim from suffering with his hand, and brought the victim up until the elevator runs up to the 24th floor through the rooftop.

Accordingly, the defendant committed an indecent act by force against a person under 13 years of age.

2. The Defendant, who attempted to capture a minor, committed an indecent act against the victim at the time and place described in paragraph (1), as described in paragraph (1), and the elevator attempted to attract the victim from the elevator on the 24th floor to the outside of the elevator, but the victim failed to take the loss of the elevator and to bring the victim to the resistance.

Accordingly, the defendant attempted to capture a minor and attempted to commit it.

[Fact of the cause of probation order] The Defendant is likely to recommit a sexual crime in full view of the following facts: (a) the Defendant committed a sexual crime as stated in the above criminal facts; (b) the Defendant’s character and conduct; (c) the background of the instant crime; and (d) the Defendant’s risk assessment of the Defendant’

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records of a statement of damage made to D;

1. A gene appraisal report;

1. In the investigation report (Attachment of CCTV images inside an elevator), the closure photograph and investigation report (Attachment of photographs at the scene of the crime).

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