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(영문) 광주지방법원 2013.08.22 2013고합152
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간등)
Text

1. The defendant shall be punished by imprisonment for a period of one year and six months;

For five years, the defendant's information about the defendant is used through an information and communications network.

Reasons

Criminal facts

Defendant

On October 24, 2008, the respondent of the attachment order (hereinafter referred to as the "defendant") was sentenced to two years of imprisonment with prison labor at the Gwangju District Court for fraud, etc. on September 13, 2010. On July 25, 2012, the execution of the above sentence was terminated. On July 25, 2012, the Gwangju District Court sentenced one year and six months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and decided on August 2, 2012.

On February 12, 2012, around 01:33, the Defendant: (a) set soup “D” in Gwangju Northern-gu, Gwangju; (b) took soup the clothes of the victim E (V, 7 years old) who was locked by taking out the third floor of the earth; (c) walked up the clothes of the victim E (V, 7 years old) up to the upper part of the chest, and frighted the part of the victim by her hand.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's state of difficulty to resist under 13 years of age.

On November 17, 2005, the Defendant was sentenced to imprisonment for a year and six months in violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Rape, etc.) at the Gwangju High Court on November 17, 2005 and completed the execution of the sentence on November 8, 2006.

As above, the Defendant committed a sexual crime against a minor under the age of 19 within ten years after having been sentenced to imprisonment with prison labor for committing a sexual crime and committed a sexual crime on at least two occasions, and is likely to recommit a sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Statement to E by the police;

1. The current status of the person corresponding to the results of response to the request for appraisal, DNA comparison; and

1. CCTV photographs;

1. Before judgment: A written inquiry of criminal records, etc., each investigation report (No. 23 and 25 No. 5 of the evidence list), personal identification and confinement status, and case summary information inquiry (No. 30 of the evidence list);

1. The risk of recidivism and recidivism of a sexual crime as indicated in the judgment: The following circumstances acknowledged by the above evidence and the written request prior investigation; ① the Defendant committed an indecent act against the victim of seven years of age who was diving; ② the Defendant committed the instant crime.

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