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(영문) 창원지방법원 마산지원 2012.11.28 2012고합147
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for five years.

The information on the accused shall be disclosed through an information and communications network for seven years.

Reasons

Criminal facts

The facts leading up to the request for attachment order [the facts of crime] Defendant and the person subject to the request for attachment order (hereinafter referred to as “Defendant”) operate a DNA book room from December 2, 2008 to April 30, 2012 in the Changwon-si, Masan District, C.

1. Around August 2010, the Defendant committed an indecent act against the victim under the age of 13 on the part of the victim, who was enrolled in the above D’s book (or 10 years of age) in the Defendant’s knee-knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne

2. Around December 2010, the Defendant committed an indecent act against the victim under the age of 13 on a total of 27 occasions, as shown in the annexed Table of Crimes, from that time until April 4, 2012, including the victim’s chest, her chest, her fel, and her fel, who was in the state of being her clothes in his/her hand, her knick, her fel, and her part of his/her knick with his/her knick, with his/her knick and her knick,

[Judgment of the court below] The defendant committed a sexual crime against a minor under 16 years of age, and committed a sexual crime on two or more occasions, and there is a risk of recommitting a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A complaint;

1. An expert opinion, stenographic record (E-recording video recorded), behavioral statement analysis in a case involving a child with disabilities, re-preparation of a part in which a stenography has omitted and an investigation report (in the event of video recording investigation, the victim's statement and re-preparation of the status of indecent act);

1. The following circumstances revealed by each evidence showing the recidivism of sexual crimes and the risk of recidivism, namely, the Defendant’s indecent act by force against a victim under the age of 13 who attends an official book opened by himself/herself over a total of 28 times per year and six months, and the Defendant’s indecent act by force on the students of the official book opened by himself/herself prior to the instant case.

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