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(영문) 창원지방법원 진주지원 2013.04.26 2013고합13
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

The defendant's disclosure of information about the defendant is made through an information and communications network for five years.

Reasons

Criminal facts

【Criminal Power】 On January 22, 2007, the Defendant and the person subject to a request to attach an electronic tracking device (hereinafter referred to as “Defendant”) were sentenced to imprisonment for one year and three months for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (a minor, rape, etc. under the age of 13) in the Jinwon District Court’s Jinwon District Court’s Jinju branch, and on February 11, 2011, the same court was sentenced to imprisonment for two years and six months and seven years for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor, rape, etc. under the age of 13) and completed the execution of the sentence in the prison on January 1, 2013.

【Criminal Facts】 The Defendant committed an indecent act by force against a child or juvenile, such as having the victim E (here, 17 years old) forced the victim’s hand to go out of the public toilets adjacent to the D Office located adjacent to the Southern-gun, Southern-gun, Seoul, on January 17, 2013, where the victim’s hand was forced to leave the victim’s hand, carried the victim’s hand to the male toilet, carried the victim’s hand into the male toilet, leaving the wall into the wall, and sealed the wall.” The Defendant committed an indecent act by force against the victim, who is a child or juvenile, on his/her hand, in the state that he/she lacks the ability to discern things or make decisions, due to mental retardation, etc.

【The Facts constituting the crime of this case is about a person under the age of 19, and the Defendant committed a sexual crime twice or more and committed a second sexual crime even though he/she was under the attachment of an electronic tracking device, and thus, there is a risk of committing a sexual crime again.

Summary of Evidence

1. Legal statement of witness E;

1. The police statement concerning F;

1. A complaint;

1. Each report on investigation;

1. The report of the society before the request is made;

1. A criminal investigation report (report accompanied by a spirit appraisal report);

1. Previous records of judgment: Criminal history records, inquiry reports and investigation reports (written confirmation reports, etc. of the date of release);

1. The risk of recidivism of a sexual crime, as indicated in the judgment: The same shall apply to each of the above evidence and a written investigation before the request;

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