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(영문) 수원지방법원 2012.10.18 2012고합588

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

The defendant's disclosure of information to the public shall be made through an information and communications network for three years.

Reasons

Criminal facts

On April 9, 2004, the defendant and the person subject to a request to attach an attachment order (hereinafter referred to as "defendants") were sentenced to a suspended sentence of six months for a crime of violation of the Punishment of Sexual Crimes and Protection of Victims, etc. (Minor Rape, etc. under thirteen years of age) in the Ansan District Court's Ansan Branch on April 9, 2004. On June 1, 2006, the Seoul Western District Court was sentenced to a suspended sentence of one year and six months for the same crime. On February 16, 2011, the Suwon District Court was sentenced to a suspended sentence of one year and six months for a crime of violation of the Punishment of Violence, etc. Act (a collective deadly weapons, etc.) and the judgment became final and conclusive on February 24, 2011.

【Criminal Facts】

On July 16, 2012, around 18:45, the Defendant found the victim D (one year old), who is a child, in front of the starting point in Masung C, and did not have been able to participate in the case by causing the victim’s prudently expressed his intent, and the Defendant forced the victim to commit an indecent act by using his hand once in the following part.

[Judgment of the court below] The defendant not only committed a crime against a minor under 16 years of age, but also committed a sexual crime on two or more occasions, and the defendant has the risk of committing a sexual crime again.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Prosecutions and police suspect interrogation records of the accused;

1. Statement of D police officer;

1. Investigation report (general);

1. A reference report on criminal records, etc.;

1. The following circumstances, which are acknowledged by the evidence mentioned above and the written investigation prior to the request, are attached to the investigation report (in the case of the accused, the method and the result of the confinement of prisoners, etc.) (in the case of this case, ① the accused has already been punished twice due to the crime of violating the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (in the case of minor rape, etc.) before committing the instant crime, and ② the instant case.