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A defendant shall be punished by imprisonment for not more than ten months.
The defendant's disclosure of information to the public shall be made through an information and communications network for three years.
Reasons
On October 23, 2009, the Defendant and the person against whom the attachment order was requested (hereinafter referred to as “defendants”) had been sentenced to imprisonment with prison labor for a maximum of three years and for a short of two years and six months on July 8, 2012 at the Incheon District Court on the grounds of violations of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (13 years and minor rapes, etc.).
Criminal facts
On May 25, 2014, at around 21:55, the Defendant committed an indecent act by force on the part of the victim D (the 30-year age), who was using and walking a mixed mountain in the latter part of the Seo-gu Incheon Seodong 105, Seo-gu, Incheon, in order to force indecent act by force.
[Judgment of the court below in light of the above legal principles, the court below erred by misapprehending the legal principles as to the crime of sexual crime and violation of the Act on the Punishment, etc. of Sexual Crimes and Protection of Victims thereof, etc. (a minor, rape, etc. under the age of 13) at the Incheon District Court on Oct. 23, 2009. The court below erred by misapprehending the legal principles as to the crime of sexual crime and violation of the Act on the Punishment, etc. of Sexual Crimes and Protection of Victims thereof.
Summary of Evidence
【Criminal Facts in the Market】
1. Defendant's legal statement;
1. Statement of the police against D (Evidence No. 2);
1. Investigation report (on-site inspection report, etc.);
1. The following circumstances, which are acknowledged by the evidence mentioned above and the investigation prior to the Defendant’s claim against the Defendant, namely, (i) around April 2009, the Defendant was detained due to the crime of indecent act by force, such as threatening a female victim at the age of 10 to a knife in the apartment complex, leading the female victim at the age of 10 to a knife in the stairs, leading the Defendant to a knife, and leading the Defendant to a sexual organ, and was detained due to the crime of indecent act by force on account of the Defendant’s sexual organ, and immediately after the Defendant was released upon the juvenile protective disposition, she is again aged 10 and 12.