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(영문) 서울동부지방법원 2020.06.12 2020고합24

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

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

The defendant's information about the defendant shall be made through an information and communications network for five years.

Reasons

Criminal facts

In addition, part of the facts charged was appropriately revised to the extent that it does not interfere with the defendant's defense right.

[criminal record] On November 17, 2005, the defendant and the person to whom the attachment order was requested (hereinafter “defendants”) were sentenced to imprisonment with prison labor for the same offense at the Seoul Eastern District Court for eight months, suspension of execution of two years, and December 9, 2010 for the same offense, and on October 21, 201, at the same court, one year and six months, and six months, and on December 22, 2011, the same court was sentenced to imprisonment with prison labor for the same offense in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at the Public Place) at the same court on October 10, 201, and was habitually sentenced to imprisonment with prison labor for the same offense in the same court on July 18, 2014, and on October 16, 2015, the court was habitually sentenced to imprisonment with prison labor for the same offense in the same court on September 16, 2015.

【Criminal Facts】

피고인은 2020. 1. 22. 01:00경 술에 취한 상태로 서울 송파구 B센터 중앙 휴게실에 이르러, 그곳 의자에 앉아 있는 아동ㆍ청소년인 피해자 C(가명, 여, 15세)의 옆에 앉아 피해자의 손이 부드럽다고 말을 하며 피해자의 손을 만지고 머리를 쓰다듬었고, 피해자가 손을 빼자 다시 피해자의 손을 세게 붙잡아 손을 빼지 못하게 한 후 피해자의 손을 자신의 입에 집어넣었으며, 이에 피해자가 깜짝 놀라 손을 빼자 재차 피해자의 손을 붙잡아 자신의 성기에 가져다 대었다.

After that, even though the assistant E and the senior police officer F of the Seoul Telecommunication Police Station was dispatched to the scene after receiving a 112 report, the defendant continued to sit the victim and forced the victim to sit the victim's arms, and brought the victim to the next place.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

[A ground for a claim for an attachment order]