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(영문) 수원지방법원 2017.06.22 2017고합184
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

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

The defendant shall complete a sexual assault treatment program for 120 hours against the defendant.

Reasons

Punishment of the crime

[criminal record] The Defendant and the person who requested to attach an attachment order (hereinafter “Defendant”) were merged with the Suwon District Court 2016 High Court 296 High and 296 High and 3 years of imprisonment on September 1, 2016 with respect to the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (an indecent act committed against a minor under the age of 13), and upon being sentenced to imprisonment for two years and six months, the suspension of execution three years, 598 high and 2 years of imprisonment for two years and six months, 2016 high and four years of suspended execution, and the Defendant appealed each of the above decisions became final and conclusive on March 29, 2017.

[The facts constituting the crime and the ground for requesting an attachment order] On March 17, 2017, the Defendant committed an indecent act by force on the part of the victim, i.e., finding the victim E (the name, age 8) who was playing in the play in the D apartment complex in Yong-si, Young-gu, Gidong, Gi-si, and following the victim who returned home to the house, and following the victim's left hand, kiding the victim's face to fright back the shoulder, suppressing the resistance, and inserting the resistance into the victim's drafting.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

[Grounds for the Defendant to issue an attachment order] Although the Defendant had committed an indecent act against a minor under the age of 13 on two occasions and pending trial, he/she again committed an indecent act against a victim under the age of 13. As above, it is highly likely that the Defendant will repeat the crime again after release in light of the fact that the victim committed an indecent act within a short time and the victims are children under the age of 13.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement of a victim recorded in video recording CDs;

1. Part of the victim's damage (17 pages of evidence records);

1. Previous records of judgment: A criminal investigation report (Attachment of judgment, etc.), a criminal investigation report (verification of the fixed date), a criminal history inquiry report, and a report on the results of confirmation of the previous records of disposition;

1. The recidivism of sexual crimes as indicated in the judgment and the risk of recidivism: it shall be admitted by the statements of each evidence as indicated in the judgment and a written investigation before the claim against the accused;

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