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(영문) 부산지방법원 서부지원 2019.01.10 2018고합216

아동ㆍ청소년의성보호에관한법률위반(준강제추행)등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Criminal facts

On December 9, 2015, the Defendant was sentenced to one year and six months (two years to attach an electronic tracking device) due to quasi-indecent act by force at the Changwon District Court on December 9, 2015, and completed the execution of the sentence in the smuggling detention house on January 20, 2017.

【Criminal Facts】

"2018 Gohap216"

1. Around 04:30 on September 21, 2018, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Quasi-Indecent Acts by compulsion) committed soup to the victim D (one, ten years of age), who was diving at the 3rd floor of the cryr b, Busan Sho-gu, Busan, about 0:0 on September 21, 201, she was able to cover the body of the victim by putting the brush and lying the bru on the side of the victim, and then rhhd the victim’s body by hand

Accordingly, the defendant committed indecent acts by taking advantage of the state of juvenile victim's refusal to resist.

2. At around 05:10 on the same day, the Defendant assaulted D’s hair cans to the victim’s face on the ground that the victim E (the age of 45), who was the mother of D, resisted up to the soup store, resisted against the Defendant’s indecent act.

around 10:00 on September 10, 2018, the Defendant, “2018 Gohap268,” committed an indecent act by reporting the victim H (26 years of age) who was divingd in the 5th floor Gabing bank of the FF building in Busan, Busan, on September 10, 2018, at the 5th floor G Gabing bank of the FF building in Busan, and at the 26th anniversary of the 26th anniversary of the 20th in the victim’s side, the Defendant got out the victim’s left side by hand twice.

Accordingly, the Defendant committed indecent act by taking advantage of the victim’s state of impossibility to resist.

The Defendant again commits a sexual crime even though he/she had the record of attaching an electronic device due to a sexual crime, such as the criminal records of the judgment and the criminal records of the 2018 Mahap216, constitutes a sexual crime against a minor under the age of 19, and is likely to recommit a sexual crime.

Summary of Evidence

【Criminal facts in the market】 2018 Gohap216】

1. Defendant's legal statement;

1. The statement made in D in the video CD;

1. An expert in the analysis of statements made to the victim D;