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(영문) 인천지방법원 2020.02.07 2019고합808
성폭력범죄의처벌등에관한특례법위반(주거침입유사강간)등
Text

A defendant shall be punished by imprisonment for four years.

The defendant is a child or juvenile-related institution, etc.

Reasons

Criminal facts

On September 29, 2019, at around 02:11, the defendant and the person subject to probation order (hereinafter referred to as the "defendant") moved to a hospital by using an elevator at the first floor in Incheon Bupyeong-gu, and opened a hospital room of 501, and intrudes into a room where the victim D (a person under 9 years of age) without his/her guardian, and tried to go out of the victim's will after putting the victim's eye, but the victim tried to get out of the victim's will, due to the defect in intending to put him/her back, and to the victim's panty and panty due to the absence of correction.

Accordingly, the Defendant intruded into the room and raped the victim under the age of 13.

[Causes of Probation Order] The Defendant, as indicated in the facts of the crime indicated in the judgment below, has committed similar rapes against a victim who is a child or juvenile under the age of 13, and in light of the details and methods of the crime, the character and conduct of the Defendant, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records (D)

1. An expert opinion on sexual assault against a child or disabled person;

1. Notification concerning 112 Incident Report;

1. Image images of C Council CCTV images;

1. The risk of recidivism in the judgment: The following circumstances revealed by comprehensively taking account of each of the above evidence and the statement in the response to the request, namely, the defendant committed a sexual crime against a minor under the age of 13 as stated in the judgment of the court; the risk of recidivism in the judgment of the defendant at a point 11 as a result of the examination on the risk of sexual assault in the Republic of Korea (KSAS); and the background leading to the sexual crime in the judgment of the defendant; the age, physical condition, family relationship, and sex.

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