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(영문) 인천지방법원 부천지원 2016.08.19 2016고합117
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The attachment of an electronic tracking device shall be made to the person who requested the attachment order for a period of six years.

Reasons

Criminal facts

The Defendant was sentenced to suspension of indictment on June 5, 2015 at the Incheon District Public Prosecutor's Office's Branch Office on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crow Places). On August 19, 2015, the Seoul Central District Public Prosecutor's Office sentenced to suspension of execution on August 27, 2015 to larceny by imprisonment with prison labor for 2 years, which became final and conclusive on August 27, 2015.

【Criminal facts】 From the lower order of August 2014 to October 2014, the Defendant discovered the victim E (influor, name, and age 5 at the time) playing in the play area in the Dong-si, Seocheon-si, Seocheon-si, P.M., and moved the victim to a neighboring phrase for the morale of the victim, killed the victim while locking the victim, and attempted to commit an indecent act against the victim again to the park, return the victim to the park, and then to the park. The Defendant was able to prevent the victim from getting out of the park due to one hand after moving the victim to the male toilet in the park, put the victim's sexual organ into the clothes of the damaged person, put the victim's sexual organ into the victim's house in front-si, Seocheon-si, Seocheon-si, Seoul, and then rejected the victim's finger and the rest of the victim's finger, she exceeded the victim's finger and the part of the victim's finger immediately after leaving the victim's finger and the part of the victim.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

【The facts constituting the cause of an attachment order】 The defendant is likely to recommit a sexual crime in full view of the criminal records, criminal methods, the age of the victim, etc. against a person under the age of 19 years.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s statement in video recording CDs;

1. Each police statement made with respect to G and H;

1. A written statement prepared by the I;

1. The investigation report (with respect to the specified date of the crime).

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