(영문) 광주지방법원 순천지원 2012.12.27 2012고합471

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자간(%)

(영문) 광주지방법원 순천지원 2012.12.27 2012고합471

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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

The information on the accused shall be disclosed and notified for three years.

Reasons

Punishment of the crime

On July 22, 2011, the Defendant was sentenced to 6 months of imprisonment with prison labor for special larceny and 2 years of suspended sentence. On September 26, 2012, around 16:40 on September 26, 2012, the Defendant committed an indecent act against the victim by force of the victim by driving the victim D (born, E) away from about 100 meters away from the size of 100 meters, and by putting the victim’s shoulder up by hand.

A person against whom a request to attach an attachment order was made, is sentenced to imprisonment for a sexual crime and has committed a sexual crime within ten years after the execution of the sentence, and has committed a sexual crime against a minor under the age of 16, and is likely to recommit a sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. The prosecutor's statement concerning G;

1. The police statement concerning G;

1. A photograph of the damaged site;

1. Investigation report (to attach a victim's oral, visual and recording recording);

1. The risk of recidivism in the judgment: (a) the following circumstances recognized by the above evidence, the investigation report (former and the attachment of the judgment) and the investigation report prior to the request are: (b) the defendant was sentenced to one year and six months of imprisonment by rapeing the victim under 87 years of age who was unable to resist due to dementia at the time of April 21, 2006; (c) the mental disorder tendency of the defendant at the 11th point in total as a result of the evaluation of the pre-offending risk of Korean sex offenders (K-SORAS) is considered to be 14 points in total as follows; (c) the defendant's age, character and behavior, growth environment, awareness and attitude of sex, etc. are recognized to be likely to repeat a sexual crime.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

유사 판례

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