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(영문) 인천지방법원 2019.07.19 2018고합722
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The defendant shall be punished by imprisonment with prison labor for two years, and imprisonment with prison labor for two years and six months.

Reasons

Criminal facts

On October 12, 2016, a defendant and a person subject to an attachment order (hereinafter referred to as "defendant") were sentenced to a suspended sentence of four years and six months in imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age) at the Incheon District Court, and the judgment on December 31, 2016 became final and conclusive.

【Criminal Facts】

1. The Defendant committed the crime against the victim B: (a) discovered the victim B (at the age of 11) in front of the D language point located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon; and (b) sought access to the victim; (c) met the shoulder of the victim on his/her own hand; and (d) sought to spread the victim’s chest.

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

2. On May 12, 2017, the Defendant discovered the victim E (n, 12 years of age), F (n, 11 years of age) in front of the H convenience store located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, and then accessed the victims to read “sprinking sprinking sprinking sprinking sprinking sprinking sprinking sprinking sprinking sprinking sprinkings, sprinkings, and sprinking sprinkings by hand.”

Accordingly, the defendant committed an indecent act against the victims of less than 13 years of age.

[Judgment of the court below] The defendant committed a sexual crime on two or more occasions, and committed a sexual crime against a person under the age of 19. The defendant satisfies the requirements of Article 5 (1) 3 and 4 of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, and the risk of repeating a sexual crime is also recognized.

Summary of Evidence

1. Partial statement of the defendant;

1. The statements of B or E recorded in the video CD;

1. Some of the F statements recorded in the video CDs;

1. Each written statement of I, B, and E;

1. A written statement;

1. Efagics of a Face North Korean dialogue;

1. One copy of each judgment; and

1. Criminal records;

1. A response to a request for prior investigation;

1. The risk of recidivism of sexual crimes as indicated in the judgment: The evidence above.

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