(영문) 광주지방법원 2013.09.26 2013고합309

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(영문) 광주지방법원 2013.09.26 2013고합309

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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1. The defendant shall be punished by imprisonment for a period of one year and six months;

The information on the accused shall be disclosed for three years and shall be notified for three years.

Reasons

Criminal facts

Defendant

In addition, on December 6, 2012, the person against whom the attachment order was requested (hereinafter referred to as the “defendant”) sentenced one year to imprisonment with prison labor for public performance and obscene crimes, etc. at the Gwangju High Court, and completed the execution of the sentence on May 16, 2013.

At around 15:50 on June 24, 2013, the Defendant: (a) opened a way to ask the victim E (V, 15 years old) who walked at the location of the area, No. 4 located in the dong-gu, Gwangju, Gwangju, about 15:50, the Defendant used the victim’s chest above the front clothes of the victim, and used the victim’s chest towards the above.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

The Defendant, as above, committed a sexual crime against a person under the age of 19 and is likely to recommit a sexual crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and F;

1. Each investigation report (No. 9, 19, and 21 listed evidence list);

1. Previous convictions in judgment: Inquiry letter, investigation report (Evidence No. 13), each judgment, each summary order, and current status of the number and expropriation of each individual;

1. The risk of recidivism of a sexual crime as indicated in the judgment: (a) the Defendant committed an indecent act against a female student under the age of 15 during the period of repeated crime; (b) the Defendant’s risk of recidivism of a sexual crime was assessed as high level (7-12 points) as 12 points in the risk of recidivism; (c) the Defendant was punished three times as obscenity by committing an indecent act by exposing the Defendant’s sexual organ to the female waiting for the bus; and (d) the Defendant’s character and conduct, awareness and attitude of the Defendant’s character, environment, and sex recognized by the motive and background of the instant indecent act; and (e) the risk of recidivism of a sexual crime is recognized in light of the following circumstances.

The defendant and defense counsel regarding the argument of the defendant and defense counsel are under the influence of alcohol at the time of the crime.

유사 판례

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