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(영문) 부산지방법원 동부지원 2013.07.19 2013고합99
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Criminal facts

and the facts constituting the cause of the attachment order [criminal facts]

1. Around 16:00 on February 24, 2013, the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) committed indecent act by force against the victim E (the victim E (the five years of age) who is a parent of the said restaurant business owner’s kneee and knee of the Defendant, who was reporting TV at the same time while working and drinking in a restaurant of the name “D” located in Busan Shipping Daegu, Busan, at the same time, while drinking and drinking alcohol, on the part of the Defendant, around February 16:0, 2013, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “the Defendant”).

2. On May 24, 2013, the Defendant discovered the victim who returned home from the victim G (here, 17 years of age) located in Busan Shipping Daegu on May 20, 2013, and then took the victim's hand over his/her hand on the front side of the house of the victim G (here, 17 years of age) and forced the victim to commit indecent act by force.

[Judgment of the court below] The defendant committed a sexual crime on two or more occasions as stated in the judgment of the court below, and the defendant committed a sexual crime against a person under the age of 19 and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each video recording CD with respect to E and G;

1. The risk of recidivism and the recidivism of a sexual crime committed in the judgment: the above evidence, the following circumstances recognized by the Social Report before the request, ① the defendant's overall risk assessment tool for the Korean-style sex offender (KSORAS) was 16 points in total, and ② the defendant's ability to coordinate sexual impulses in that he committed the crime of paragraph 2 of the judgment on the day he was investigated by the prosecution in relation to the crime of paragraph 1 of the judgment. ③ The defendant is extremely lacking in the ability to control sexual impulses in that he committed the crime of paragraph 2 of the judgment on the day he was investigated by the prosecution.

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