beta
(영문) 부산지방법원 2013.08.23 2013고합392

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant's disclosure of information about the defendant is made through an information and communications network for five years.

Reasons

Criminal facts

On May 14, 2001, the defendant and the respondent for an attachment order (hereinafter referred to as "defendant") were sentenced to a fine of one million won for a crime of violating the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. at the Busan District Court. On January 17, 2002, the court was sentenced to a suspended sentence of one year for six months for the same crime. On December 3, 2010, the court was sentenced to six months for the same crime and completed the execution of the sentence at the Busan Detention House on January 28, 201.

At around 10:30 on May 17, 2013, the Defendant reported that the Victim E (Woo, 13 years of age) sees the film in the 3rd floor in Busan Jung-gu, Busan, and moved to the seat next to the victim, and took the seat, and then, the Defendant got off the victim’s left hand and bucks and bucks and bucks of the victim.

From that time until the end of the film, the Defendant: (a) prevented the victim’s resistance and commits an indecent act against the victim by the aforementioned method for about one hour and thirty (30) minutes.

[Judgment of the court below] The defendant committed a sexual crime against a minor under the age of 19 as stated in the judgment below and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Records of statements made to E;

1. A criminal investigation report (Attachment of a photograph of a criminal scene), an investigation report (a summary of the place of criminal conduct shall be attached);

1. Before judgment: Defendant’s legal statement, statement of criminal history records, inquiry report on criminal records, previous records of disposition and report on results of confirmation, investigation report (Attachment to judgment, etc.), investigation report (Attachment to judgment, etc.), and investigation report prior to a request for attachment order;

1. The risk of recidivism and recidivism as indicated in the judgment: Each of the above evidence and the following circumstances acknowledged by the investigation prior to the request for attachment order, i.e., the defendant, prior to the crime of this case, as stated in the first head of the crime.