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(영문) 부산지방법원 2014.05.09 2013고합854
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

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

The defendant's information about the defendant is used through an information and communications network for six years.

Reasons

Criminal facts

On February 22, 1984, the defendant and the respondent for the attachment order (hereinafter referred to as the "defendant") were sentenced to imprisonment with prison labor for the crime of rape and bodily injury at the Busan District Court. On March 12, 1987, the Daegu High Court sentenced to imprisonment with prison labor for the crime of murder on August 15, 2005 and completed the execution of the sentence.

【Criminal Facts】 On November 8, 2013, the Defendant: (a) completed a Chinese food delivery at the entrance of the Gangseo-gu Busan Metropolitan Government D apartment 109, and committed an indecent act by force against the victim, who is a minor under the age of 13, by inserting the victim E (nive, 4 years old) with the victim’s panty in order to see that the victim E (nive, e.g., coming from the apartment entrance of the Gangseo-gu Busan Metropolitan City 109 apartment house; and (b) in order to commit an indecent act against the victim by placing the victim’s hand in the victim’s panty, and by attracting the victim to both arms.

【The Facts constituting the cause of an attachment order】 The Defendant has a record of having been sentenced to imprisonment for two and a half years with prison labor for the crime of rape and bodily injury as described in the above criminal records, and committed an indecent act involving the victim E, who is four years of age as described in the above criminal records, on two or more occasions, and thus, constitutes a criminal offense committed against the victim under the age of 19, and constitutes a criminal offense committed against the victim under the age of 19. In full view of the Defendant’s power, method of the crime, and attitude of denying the crime after the crime, the risk of repeating the crime

Summary of Evidence

【Criminal Facts in the Market】

1. Legal statement of witness F and G;

1. The police statements recorded in E;

1. Each investigation report (the sequence 1, 7, 9, 11, 13, 17 of the evidence list);

1. Mobile routes, field photographs, CCTV closures, and each screen CD (Evidence Nos. 12, 14) (Before the market);

1. The following circumstances, which are acknowledged by the inquiry report including criminal records, etc. [the recidivism of sexual crimes and danger of recidivism] and the statement of the investigation prior to the request and the statement of the response to the request, i.e., the defendant intrudes on the multilateral bank around 1984:

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