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(영문) 수원지방법원 2019.01.31 2018고합399
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

【Criminal Facts】

1. On July 18, 2018, around 14:45, the Defendant and the respondent for an attachment order (hereinafter “Defendant”) committed the crime against the victim B (a person under the age of 10) (a person under the age of 10) (hereinafter “Defendant”) committed the crime against the victim B (a person under the age of 10) and the victim (a person under the age of 14:45), followed the victim at the front of the “D” located in Echeon-si, Echeon-si, Gyeonggi-si.

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

2. On July 18, 2018, around 14:47, the Defendant committed a crime against the victim E (one hundred years of age), followed the victim in front of “G” located in E-Si, Leecheon-si, Gyeonggi-do, by following the victim. The Defendant attempted to catch the victim’s arms by “Ag himself,” and met the victim’s shoulder.

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

【The facts constituting the cause of an attachment order】 The Defendant was sentenced to a suspended sentence of three years, an order to attend a lecture, and an order to disclose and notify personal registration information for three years, a location tracking device for three years, and an order to attach an electronic tracking device on July 30, 2014, and a suspended sentence was issued on July 30, 2014 for a crime committed by indecent act against a disabled woman on the ground that he/she was under the age of 13 and 15.

The defendant is a person who commits a sexual crime identical to the criminal facts and is subject to probation while suspending the execution of imprisonment with prison labor. In light of the content and frequency of a sexual crime by repeating the criminal act similar to that of the defendant, it is necessary to attach an electronic tracking device to confirm whether the defendant complies with the matters to be observed during the probation period.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement E and B prepared;

1. A photograph of a CCTV image at the time of committing a crime;

1. Inquiry reports on criminal records, investigation reports (verification of the same criminal records as the suspect), judgments, and written decisions on non-prosecutions;

1. Necessity of checking the risk of recidivism and whether probation are complied with:

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