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(영문) 부산지방법원 2020.09.18 2020고합215

아동ㆍ청소년의성보호에관한법률위반(준강제추행)

Text

A defendant shall be punished by imprisonment for one year.

The defendant is a child or juvenile-related institution, etc.

Reasons

Punishment of the crime

【Criminal Facts】

At around 02:00 on January 3, 2020, the Defendant discovered the victim D (the name, fry, 14 years old) at a soup soup room in Busan Youngdo-gu B, with the mind of committing an indecent act and finding out the victim D (the name, fry, 14 years old). After the victim’s drinking, the Defendant got close to the victim, and her her her k's k's b

As such, the Defendant committed an indecent act against the victim by taking advantage of the victim’s mental disorder or non-performance of defense.

[Facts of Probation Orders] As above, the Defendant committed a sexual crime against the victim 14 years of age, and is likely to recommit a sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. stenographic records of each police statement made to E and F, CD (No. 10) in the 112 Report Processing Schedule, each investigation report (No. 4,9,15, 18, and 19) (No. 4,9, 15, 18, and 19), and the fact that the police investigation prior to the request is unknown;

1. The risk of recidivism in the holding: The defendant is deemed to have a risk of repeating sex crimes again in full view of the following: (a) on May 18, 2020, the defendant was sentenced to a fine of three million won due to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place) at the Busan District Court's District Court's Busan District Court's Branch on July 10, 2020; (b) on July 10, 2020, the probation office's refusal to conduct an investigation prior to the request and the result of the Korean risk assessment tool of sex offenders (KSORAS) conducted in summary; and (c) on the one hand, the defendant was sentenced to a fine of three million won due to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place).

The defendant asserts to the effect that the defendant merely contacted the victim's body in the process of provoking his body, and does not commit an indecent act or sacrific act.

The following circumstances acknowledged by the evidence investigated by this Court, i.e., the victim, at the time of the police, is the parent.