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A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Criminal facts
On March 29, 191, the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") were sentenced to imprisonment with prison labor for a maximum of four years, for a short term of two years, and for a fine of 50,000 won for a crime of rape, bodily injury, and special robbery, etc. on March 29, 191. On February 26, 1998, the Busan District Court sentenced 15 years to imprisonment with prison labor for murder, violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (special rape, etc.) and special robbery, and completed the execution of the sentence on October 22, 2012.
【Criminal Facts】
Around 23:00 on May 12, 2013, the Defendant, at the location of the Defendant’s residence located in Sinpo City C, together with the Victim D (Min, 15 years of age), E and F, who are the parents of the Victim, was living in the Defendant’s residence.
While the Defendant talked about the victim and entertainment fraternity, the Defendant, on his own hand, committed an indecent act by force against the victim, who is a child or juvenile, by keeping the victim's chest, buck, tacker, and bucks in turn.
[Judgment of the court below] The defendant committed a sexual crime within 10 years from the completion of the execution of his/her sentence for a sexual crime, and committed a sexual crime even though he/she had the record of being attached with an electronic custody due to a sexual crime, and committed a sexual crime more than twice, and the sexual crime was committed against a person under the age of 19, and thus, committed a sexual crime. The defendant is likely to recommit a sexual crime.
Summary of Evidence
1. Partial statement of the defendant;
1. The victims of each legal statement from witnesses E, F, and D were in the office of the Defendant, E, and F at the time of the instant case from the investigative agency to the court of this case, and they consistently make a statement to the effect that they committed an indecent act against the Defendant at the time of the instant case, which is most consistent with the E, F’s statements.
Although the witness G's legal statement and withdrawal of the complaint are the same.