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(영문) 대전지방법원 홍성지원 2014.01.16 2013고합67
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Criminal facts

On February 26, 191, the defendant and the person subject to a request to attach an attachment order (hereinafter referred to as "defendant") were sentenced to imprisonment with prison labor for the crime of attempted rape at the Cheongju District Court for two years and three years of suspension of execution. On July 22, 1997, the Daejeon High Court sentenced the person to three years of imprisonment with prison labor for the crime of rape, etc., and on August 13, 2010, the Busan District Court was sentenced to a fine of one million won for public performance and obscene crimes.

【Criminal Facts】

On October 25, 2013, at around 16:01, the Defendant discovered the victim D (n, 8 years of age) who was playing in the playground of 106, Chungcheongnam-gun, Hong-gun, Hongdong apartment 106, and took the body of the victim into the seat of the victim in the seat of the victim, and made an indecent act by force against the child under 13 years of age by hand.

[Judgment of the court below] The defendant committed a sexual crime against a minor under the age of 19 and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Recording records of victims;

1. Records of judgment: Criminal records, etc. and inquiry reports and investigation reports (Attachment report of the same kind of judgment);

1. The risk of recidivism in the judgment below: (a) The defendant committed a sex crime and committed the crime in this case again for a female under 8 years of age who had the ability to protect himself/herself even though he/she had been subject to criminal punishment for committing a sex crime three times; (b) as a result of the application of the evaluation of the risk of sex offenders to the defendant, it constitutes an "high risk of recidivism" with the total point 16 points; (c) the risk of recidivism falls under the total point 22 as a result of the evaluation of the evaluation of the risk of sex offenders (PCL-R); and (d) the risk of recidivism falls under the total point 19 points as a result of the examination of screening of persons with a mental disorder (AUD IT); and (c) the defendant strongly arouses sexual desire.

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