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(영문) 춘천지방법원 강릉지원 2017.04.13 2017고합11

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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A defendant shall be punished by imprisonment for two years.

The information on the accused is disclosed through an information and communications network for a period of five years.

Reasons

Criminal facts

On November 18, 2004, the defendant and the requester for an order to attach an electronic device (hereinafter referred to as "defendant") were punished by imprisonment with prison labor for one year, suspension of execution of two years, and imprisonment with prison labor for an indecent act by the same court on April 5, 2012. On January 9, 2014, the same court was sentenced to imprisonment with prison labor for a violation of the Act on the Protection, etc. of Juveniles from Sexual Abuse (voluntary Indecent Act) for two years and five years, and the execution of the sentence was completed in the Chuncheon District Court on July 29, 2015, and on August 26, 2016, the court was sentenced to imprisonment with prison labor for a violation of the Act on the Protection, etc. of Specific Criminal Offenders and the Electronic Monitoring Act for a violation of the Act on the Protection, etc. of Juveniles from Sexual Abuse. < Amended by Act No. 13473, Aug. 26, 2016>

9.25. The execution of the sentence was completed in the same prison.

[2] On February 4, 2017, the Defendant entered the D convenience store located in the East Sea C on February 4, 2017, and committed an indecent act against a child or juvenile victim by committing an indecent act by forcing the victim, who is a child or juvenile, by making up his/her left hand, with the victim E (the victim is 17 years old) who is a part of the above convenience store where the goods in the display place are arranged.

[Judgment of the court below] The Defendant committed a sex crime within 10 years after the completion of the sentence of imprisonment with prison labor for a sex crime, and re-offending a sex crime even during the period of attachment of an electronic device due to a sex crime. The Defendant committed a sex crime on at least two occasions, and the Defendant committed a sex crime on a minor under the age of 19, and is likely to recommit a sex crime in light of the Defendant’s criminal history, the process of the crime, and the similarity of the method of the crime.

Summary of Evidence

1. Legal statement of witness E;

1. CCTV images;

1. CCTV video CDs;

1. A previous conviction in judgment: