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(영문) 의정부지방법원 2013.04.12 2012고합616
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)
Text

A defendant shall be punished by imprisonment for three years.

The defendant's disclosure of information about the defendant is made through an information and communications network for five years.

Reasons

Criminal facts

On November 15, 2011, a defendant and a person subject to an application for an attachment order (hereinafter referred to as "defendant") are sentenced to imprisonment with prison labor for one year and six months, and three years of suspended execution, as declared by the Jung-gu District Court, for a violation of the Punishment, etc. of Violences Act (a collective deadly weapon, etc.), and are still under suspended execution.

【Criminal Facts】

At around 19:00 on June 3, 2012, the Defendant: (a) reported the victim E (V) and his female’s words are frightening in the D Park located in Guri-si C; (b) provided the victim’s sugar to the victim; and (c) provided the victim’s her her bat with the victim’s her her bat around her hand, and led the victim to indecent act by force.

[Fact that constitutes a ground for an attachment order] The Defendant is likely to recommit a sexual crime against a person under the age of 19.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of damage from E;

1. Two CDs and stenographic records;

1. Records before judgment: Criminal records, etc. and inquiry reports and investigation reports (attached to judgments, etc.);

1. The risk of repeating a crime as indicated in the judgment: The defendant is likely to repeat a sex crime again, considering the motive and method of the crime of this case, the defendant's character, character, environment, and attitude of perception about sex, which are recognized by the above evidence and the written investigation before the request for attachment

Application of Statutes

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”);

1. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 5 (1) 4 and Article 9 (1) 2 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders subject to the issuance of an order to attach electronic tracking devices and matters to be observed;

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