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(영문) 서울중앙지방법원 2012.05.31 2011고합1658
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)
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The Defendant is acquitted. The Defendant’s claim to attach an electronic tracking device of this case is dismissed.

Reasons

1. On November 15, 1996, the summary of the facts charged and the facts constituting a request for the attachment order (the facts charged) and the person subject to a request for the attachment order (hereinafter “defendants”) were released on May 1, 2009 (the date the punishment was ended on February 16, 201) and exempted from the execution of the sentence on a special amnesty on August 15, 2009.

At around 23:30 on August 15, 201, the Defendant, at the home of the victim E (Inn, 8 years of age) in the Namyang-si, Namyang-si, had the mother of the victim living together and returned home with the mother of the victim, so that the mother of the victim was out of panty, and the victim was out of the bed in the bed in the bed at the bed room or at the bed room from the shock, and as the victim would not resist the victim because he did not refuse to do so, he would be out of panty, so that he would not resist the victim, and would be out of the panty, and would be able to make the victim go off, and sexual intercourse again, who is a woman under 13 years of age.

[Facts as above] The defendant committed a sexual crime against a person under 16 years of age and applied the evaluation of the risk of recidivism in Korea to the 15th degree as a result of the application of the evaluation of the risk of recidivism in Korea, and the risk of recidivism falls under the level of "component", and the risk of recidivism falls under the level of "interim" as a result of the application of the selection of a person with a mental disorder, and approach to the victim after the above crime.

In addition to the tendency that the victim has lost the mother's escape, and that the victim has been raped through text messages to the mother of the victim, and the victim has shown a tendency to search for and escape from sexual disorder, such as sexual extension operations on two occasions, such as visiting sexual intercourse places of business after undergoing sexual extension operations, etc., the victim's request for attachment order is highly likely to recommit sexual crimes.

2. The gist of the defendant's and his defense counsel's assertion is from the police to this court.

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