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A defendant shall be punished by imprisonment for not less than one year and six months.
The information on the accused shall be disclosed through an information and communications network for three years.
Reasons
Criminal facts
On April 28, 2016, the defendant and the respondent for an attachment order, and the requester for a probation order (hereinafter referred to as the "defendant") have accessed the victim's DNA (11 years of age) who is a minor under the age of 13 in the vicinity of the "middle school located in Ansan-gu, Masan-si" around 19:30 on April 28, 2016, with the intent to commit an indecent act against the victim (11 years of age).
The Defendant asked the victim about “B, B, B, B, and B, and B, and B, and B, and B, and B, and B, and B, and B, and B, and B, the Defendant committed indecent act by force by force, on his hand, by inserting the part of the victim’s hand into the part of the victim’s hand, and putting the part of the victim’s body back to the lower part below the victim’s chest.
[Fact that constitutes a ground for probation order] The defendant is likely to recommit a sexual crime against a sex offender.
Summary of Evidence
【Criminal Facts】
1. Defendant's legal statement;
1. The statement of the victim recorded in the video CD;
1. Each investigation report (including the documents and photographs attached thereto Nos. 3, 5, and 6 of the evidence list);
1. In full view of the following circumstances, Defendant’s age, and the following circumstances acknowledged by the record of the instant case, including the expert opinion on the case of child sexual assault [the risk of recidivism related to the request for probation order] and the record prior to the Defendant’s request, it is recognized that the Defendant is likely to repeat a sex crime.
(1) The Defendant: (a) on June 14, 2013, is sentenced to imprisonment with prison labor for a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc. at Ansan Branch of the Suwon District Court on the grounds of the criminal facts committed on four occasions, committed by a doctor, and committed an indecent act by force against a victim who is a child or juvenile, on three occasions.