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(영문) 서울북부지방법원 2019.05.17 2018고합548
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Criminal facts

The facts as to the cause of the attachment order [criminal records] Defendant and the person to whom the attachment order was requested (hereinafter referred to as “Defendant”) are those who, on October 25, 2018, were sentenced to a suspension of the execution of one-year imprisonment with prison labor for committing a minor’s attempted crime of kidnapping at the Seoul Northern District Court and the said judgment became final and conclusive on November 2, 201.

【Criminal Facts】

1. On September 24, 2018, around 15:42, the Defendant committed the crime against the victim B, at D Park Jung-gu, Seoul, the victim B (Woo, 4 years old) playing therein, with his/her own hand, write down the victim’s head, boom, and breath. The victim used the victim’s head and breath with his/her second hand depending on the victim’s boom in the above park.

Accordingly, the Defendant committed indecent act against the victim under 13 years of age by force.

2. On September 24, 2018, around 16:33, the Defendant committed the crime against the victim E in a D Park in Jung-gu Seoul, Jung-gu, Seoul. Around September 24, 2018, the Defendant took up the victim’s head and part of the victim’s khife with the victim’s khife with the victim’s khife with the victim’s knife with the victim’s knife with the victim’s knife with the victim’s knife with the victim’s knife in the said park.

Accordingly, the Defendant committed indecent act against the victim under 13 years of age by force.

[Judgment of the court below] The defendant committed a sexual crime against a minor under the age of 19 on two or more occasions as stated in the facts constituting a crime in the judgment of the court below, and there is a risk of repeating a sexual crime.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The police statement concerning F;

1. Stenographic records;

1. Each internal investigation report (D Park verification, CCTV verification, and CCTV verification for H middle schools);

1. Previous convictions indicated in the judgment: Criminal history records, inquiry report (A), report on the results of confirmation of the previous dispositions, and investigation report (suspects' previous records and reports);

1. The risk of recidivism of a sexual crime, as indicated in the judgment: The following circumstances acknowledged by the evidence above and the written investigation before the request, and the defendant (1).

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