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(영문) 광주지방법원 2013.11.28 2013고합411
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

1. The defendant shall be punished by imprisonment for a period of three years and six months;

The information on the accused shall be disclosed for five years and shall be notified for five years.

Reasons

Criminal facts

Defendant

In addition, the person subject to a request for attachment order (hereinafter referred to as the “defendant”) was a criminal who took the Victim F (F, 5 years old) in the second floor of the “D Apartment” shopping mall in Gwangju Mine District, and was the victim F (F, 5 years old). The Defendant committed an indecent act by force against the victim under 13 years of age on two occasions as follows. On July 22, 2013, the Defendant committed an indecent act by force against the victim under 13 years of age on two occasions. On July 16: 15, 2013, the Defendant took the victim into the front floor of the Taekwondo Institute, taken the victim out of the victim’s will and panty, and laid the victim out on the floor of the escape cell.

In addition, the defendant covered the victim's face with a uniform remaining in his/her place, and her each bridge is punished, and the defendant has the sex in his/her negative part.

대고 약 5분간 비볐다.

2. On July 23, 2013, around 16:15, the Defendant took the victim from the above escape room, and had the Defendant’s sexual organ on the part of the victim in the above manner.

대고 약 5분간 비볐다.

The Defendant, as above, committed a sexual crime against a minor under the age of 19, and committed a sexual crime on two or more occasions, and thus, is likely to recommit a sexual crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Recording book (police statement of the F);

1. On-site photographs;

1. Sexual assault habits and the risk of recidivism in the judgment: (a) the following circumstances recognized by the above evidence and the request prior investigation; (b) the Defendant committed two or more indecent acts against a female son under the age of five who has taken Taekwondo to the Taekwondo Education Institute that was a criminal; (c) as a result of the application of the Korean sex offender risk assessment scheme (KS-SAS), the Defendant’s risk of recidivism falls under 14 points; (c) as a result of the evaluation of “the risk of recidivism of a sex offender”, the Defendant was unable to have the ability to interfere with another person’s position or appraisal; and (d) took a impulse action without considering the result.

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