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(영문) 인천지방법원 2018.12.21 2018고합657
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

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

The defendant shall be released and notified of the information on the defendant for a period of five years.

Reasons

Criminal facts

On May 24, 2017, the Defendant and the person who requested the attachment order (hereinafter referred to as “Defendant”) to whom the attachment order was issued (the record of the crime”) completed the execution of the above sentence on September 30, 2018, upon being sentenced to imprisonment of one year and six months for habitual fraud at the Incheon District Court Branch Branch Branch of the Incheon District Court (hereinafter referred to as “Defendant”).

[Criminal facts]

1. On October 2, 2018, the Defendant committed the crime against the victim B around 12:45, the Defendant discovered the fact that the victim B (a string, 10 years of age) is playing at the D elementary school playground stand located in Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, and attempted to commit an indecent act against the victim, with the victim’s hand hand, knife the victim’s hand with the victim’s hand, knife the victim’s hand, knife the victim’s knife with the arms, and knife the victim’s knife with his hand.

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

2. The Defendant: (a) discovered the victim E (one, nine years of age) who was seated in the above stand stairs at the time, at the place specified in paragraph 1; (b) and attempted to commit an indecent act against the victim; (c) brought the victim’s body in the victim’s arms, following that the victim was seated adjacent to the victim.

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

[The Defendant was sentenced to three years of imprisonment for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against minors under the age of 13) at the Seoul High Court on December 20, 2013.

Within 10 years from the completion of the execution of a sentence of imprisonment with prison labor imposed on a sexual crime as above, Defendant 1 committed a sexual crime against a second and unspecified child, thereby resulting in the recidivism of such crime. In light of the nature and method of the crime, the risk of recommitting a sexual crime is likely.

Summary of Evidence

1. Statement by the defendant in court;

1. Video-recording CDs and stenographic records recorded by the victim B (alias)

1. A video CD or stenographic record recorded by the victim E (alias) in the victim’s statement;

1. A written statement of F and G;

1. CCTV video data from elementary schools and CCTV video files from elementary schools;

1. His previous convictions.

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