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(영문) 울산지방법원 2017.02.03 2016고합401
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The facts constituting the crime and the facts leading to the attachment order [the defendant] The defendant and the person requesting the attachment order (hereinafter referred to as "the defendant") are different from the victim E (W, 10 years old) at the D elementary school playgrounds located in Ulsan-gu, Ulsan-gu, Seoul around August 24, 2016, when the victim followed the victim's return home, and the victim is able to do so at the front of the 102 Ulsan-gu, Ulsan-gu, Seoul-gu, Seoul-do, 102 apartment housing.

Absing on the part of the victim, "hing alone and talking with a string," and a string on the part of the victim, aground, and the part of the victim's her tack and the part adjacent to the victim continued to be aground.

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

[Facts of the ground for attachment order] The defendant should be subject to protection observation while suspending the execution of punishment, and it is necessary to attach a location tracking electronic device to confirm the implementation of the rules during the period of protection observation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Stenographic records;

1. The offender's place and summary;

1. On-site photographs (the closure ofCCTV screen);

1. Each investigation report and each internal investigation report;

1. The need for the attachment of an electronic tracking device during the period of protection observation: the above evidence and investigation report (the confirmation report of the past disposition details of the suspect), the investigation prior to the request, and the following circumstances that can be recognized by each statement in response to a request. In other words, the Defendant was investigated by an investigative agency on suspicion that the Defendant committed an indecent act by quasi-performance of the same kind of crime even prior to the instant case, and was subject to a disposition not entitled to prosecution because of the agreement with the victim. ② both the instant crime and the previous crime were committed against the victim who was under the influence of alcohol; ③ the assessment of the risk of the Defendant’s sexual offender against Korea was assessed at a level of “high risk” with the total point of 15 points as a result of the evaluation of the risk of recidivism (K-SORAS). ④ The investigator who conducted the previous investigation.

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