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(영문) 창원지방법원 진주지원 2018.10.04 2018고합65
아동ㆍ청소년의성보호에관한법률위반(준강간)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The information on the accused shall be disclosed and notified for a period of five years.

Reasons

Punishment of the crime

[criminal record] On December 12, 200, the Defendant and the claimant for an order to observe the protective custody (hereinafter “Defendant”) were sentenced to imprisonment for a crime of robbery, rape, etc. at the Busan District Court on December 12, 200 and the judgment became final and conclusive. On February 4, 2009, the Changwon District Court sentenced the Defendant to seven years of imprisonment for robbery as a crime of robbery in the Jinwon District Court’s Jinju branch branch, and completed the execution of the sentence in the Jinju prison on October 20, 205.

[2] On March 18, 2018, at the E convenience store located in Jinju-si around 01:04, the Defendant found the victim F (n, 17 years of age) and added the victim’s sexual organ to the victim’s sexual organ, following approximately 20 meters following G agricultural cooperative’s front side. On the same day, around 01:37 on the same day, the Defendant was deprived of the victim from Jin-si, Jin-si, I, and 203 with the victim’s clothes located in Jin-si, Jin-si, I, Haak-si, I am the victim at around 01:37 on the same day on the same day, and added the victim’s sexual organ to his sexual organ.

Accordingly, the defendant has sexual intercourse with the victim who is a juvenile by taking advantage of the victim's resistance impossible condition.

The defendant is likely to recommit a sexual crime in light of the records of the crime, the background of the crime, and the character and conduct of the defendant, who committed the same crime as the above crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution and the police concerning F;

1. Each request for appraisal (No. 23, 36 once a year);

1. Each investigation report (No. 11, 32 once a year);

1. A photograph of a CCTV course;

1. Previous convictions: A reply to inquiries about criminal history data, investigation report (verification of a repeated crime and date of expiration of the term of punishment);

1. The risk of recidivism in the judgment: The following circumstances revealed by the above evidence and a written investigation before the claim, namely, ① the defendant had a record of committing robbery and attempted rape even before the crime of this case, and ② the defendant was in the period of repeated crime even though he was in the period of repeated crime.

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