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(영문) 대구지방법원 2014.11.28 2014고합363
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Criminal facts

The Defendant and the respondent for an attachment order (hereinafter “Defendant”) were sentenced to imprisonment with prison labor for rape and bodily injury at the Daegu District Court on April 10, 2009 and completed the execution of the sentence on June 11, 2012.

【Criminal Facts of Crimes】 On July 14, 2014, at around 22:55, the Defendant rhumd within the city bus Nos. 937, 937, which was boarded in Fymdong-gu, Daegu-gu, Daegu-gu, and Fymbol, in order to force indecent acts against the victims C (the age of 17). The Defendant rhumd with the victim’s hum and kym with the victim’s humf and kym.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

【Facts constituting the ground for an attachment order of an electronic device】 The Defendant, as seen above, committed a sexual crime on at least two occasions, is recognized as a habit, and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on internal investigation (specific bus for victims);

1. Cut photographs of each CCTV video and each suspect's photograph;

1. Records before and after judgments: Criminal history records, inquiry reports by individuals, current status of personal identification and confinement, and each judgment;

1. The risk of recidivism of a sexual crime as indicated in the judgment: (a) the following circumstances acknowledged by the evidence mentioned above and the statement of a claim prior to the Defendant: (b) the Defendant committed a sexual crime more than three times in total, including the previous conviction in the judgment; (c) the Defendant committed the sexual crime in this case again in approximately two years after having been sentenced to imprisonment due to the crime of rape and injury by rape; and (d) the Defendant’s statement reveals that the same sexual crime records of the Defendant occurred in the course of taking place; (c) the Defendant seems to lack the ability to restrain sexual impulses in the state of taking place; and (d) the risk of recidivism is high as a result of the application of the Korean evaluation of the risk of recidivism by a sex offender in Korea (K-SORS); and (e) the risk of recidivism as a result of the evaluation of the evaluation of the risk of recidivism by a mental disorder in the form of mental disorder (13 points);

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