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A defendant shall be punished by imprisonment for one year.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
【Criminal Power】 On February 18, 2005, the Defendant was sentenced to five years of imprisonment for a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Rape, etc. under thirteen years of age) at the Daegu District Court, and the judgment became final and conclusive on May 26, 2005.
【Criminal Facts of Crimes】 On September 12, 2003, the Defendant, at the fourth floor of the Daegu Bank MM branch in the Daegu Suwon-gu M on September 16:40, 2003, raised the victim I (the age of 13) who emitted from game in the PC room in the manner of indecent act by compulsion, and forced the victim to do so.
Accordingly, the defendant committed an indecent act against the juvenile victim by force.
Summary of Evidence
1. Defendant's legal statement;
1. On-site photographs;
1. The current status of response to the case processing with respect to the same person as the result of DNA identification, and the current status of the case related to the DNA consenters;
1. Investigation report (to have the victim attend the meeting of the victim);
1. Records before judgment: Application of inquiry reports such as criminal records, etc., amounts of the previous dispositions, and reporting results of confirmation (No. 10 No. 5 of the evidence list);
1. Article 10(2) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 7801, Dec. 29, 2005); Article 298 of the Criminal Act (amended by Act No. 1025, Apr. 15, 2010); Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010);
1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. As to the crime committed on the grounds of sentencing under Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the crime of this case is one of the latter concurrent crimes under Article 37 of the Criminal Act with regard to the crime of violating the Act on the Punishment of Sexual Crimes and Protection of Victims from Sexual Crimes (a minor rape, etc.
The defendant induced the victim who is female juvenile under 13 years of age to the stairs of the building, and the nature and circumstances of the crime are very good.
Furthermore, the victim is the victim.