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(영문) 대전지방법원 홍성지원 2012.10.18 2012고합70
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for five years.

The information on the accused shall be disclosed through an information and communications network for 10 years.

Reasons

Criminal facts

The facts leading up to the occurrence of the attachment order and the defendant and the person subject to the request for attachment order (hereinafter the defendant) committed an indecent act by force against the victim under 13 years of age on seven occasions in total from April 2012 to June 2012, 200, when the victim E (the victim E, 9 years of age) who is the student of the above private teaching institute and the lecture room at the above private teaching institute around May 15:0, 2012, when he operated D private teaching institutes on the second floor of the C apartment commercial building in Bocheon-si, the above private teaching institute and the lecture room in order to encourage the victim to report the victim E (the victim E, who is the student of the above private teaching institute and 9 years of age) in the mixed lecture room and to force the victim to commit an indecent act.

[Judgment of the court below] The defendant committed a sexual crime against a person under 16 years of age, and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. The risk of recidivism in the holding: (a) the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the risk assessment degree of a sex offender against the Defendant at the level of 10 points in total as a result of the evaluation of the risk of a sex offender against the Defendant; (b) the Defendant, as an instructor of a private teaching institute, committed an indecent act against the victim who is only nine years of age by taking advantage of his/her status, for a short period of time without any awareness of any other crime; (c) the Defendant committed an indecent act against the victim who is only nine years of age, and (d) the Defendant appears to have been planned to commit an indecent act continuously against the victim who is well aware of his/her sex, such as taking advantage of his/her awareness of his/her sexual desire, and engaging in an indecent act, etc. by continuing to commit an indecent act, even though the Defendant was a first offender, in light of the Defendant’s growth process and career.

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