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(영문) 춘천지방법원 강릉지원 2017.05.18 2016고합92
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

The information on the accused is disclosed through an information and communications network for a period of five years.

Reasons

Criminal facts

On October 10, 2013, the Defendant was sentenced to a suspended sentence of four years and six months on the ground of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Intrusion into Residence, Rape, etc.) and a violation of the Act on the Protection of Juveniles from Sexual Abuse, and is currently under the suspended sentence of execution, which became final and conclusive on October 18, 2013.

[2] On October 31, 2016, at the defendant's house located in Gangnam-si C, 301 Dong 701, the defendant provided meals to the defendant's house with D (the mother of the victim), and the victim E (the 5-year old age) and then used the cres where D remains outside the benda for smoking tobacco, the defendant she met the part of the victim's sexual organ with the victim's panty and panty.

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

[Judgment of the court below] Defendant 1 committed a sexual crime against a person under 19 years of age as above and Defendant 1 is likely to recommit a sexual crime in light of the criminal records of the same kind of crime, circumstances of the crime, similarity of methods, etc.

Since it is recognized, there is a need to take additional measures to track the criminal records and attach an electronic device to the body to identify the location of the electronic device in order to re-suppression through the prevention of recidivism and the correction of character and behavior of the accused.

Summary of Evidence

1. Entry of the defendant in part in the protocol of public trial on the first and second occasions;

1. Statements made by witnesses D in the second public trial records;

1. The statement made by the victim E in each video CD;

1. Statement made by the police against D;

1. 112 Report processing table, internal investigation report (in emergency case of sexual assault), key in the emergency of sexual assault, investigation report (Attachment of expert opinion on child sexual assault case), and expert opinion on child sexual assault case;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (verification of criminal records and details of probation period), judgment;

1. The risk of recidivism in the judgment: earlier;

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