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(영문) 서울동부지방법원 2018.04.26 2018고합28
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for one year.

The defendant's information on the defendant shall be disclosed through an information and communications network for a period of three years.

Reasons

Criminal facts

The facts constituting the cause of the attachment order [criminal record] Defendant and the person who requested the attachment order (hereinafter referred to as “Defendant”) were sentenced to six months of imprisonment with prison labor for compulsory indecent acts committed by the Seoul Northern District Court on December 24, 2003, and on January 18, 2018, the Seoul Eastern District Court sentenced three years of suspension of execution to eight months of imprisonment with prison labor for the same crime, and the decision became final and conclusive on January 26, 2018, and is currently under suspension of execution.

[Criminal facts]

1. Violation of the Act on the Protection of Children against Sexual Abuse;

A. On February 6, 2018, at around 05:30, the Defendant, at the 10th floor of the Songpa-gu Seoul Metropolitan Government D Building 10, accumulated in a soup room on the side of the victim F (V, 14 years old), and turned off by hand the victim’s right knife at the locking ice.

B. The Defendant, at the same place on the same day and at around 06:00, fell on several occasions on the left upper half of the said victim’s ice shouldered by hand.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

2. Before February 6, 2018, the Defendant was forced to commit an indecent act by force, who was locked at the same place on the side of the victim G (n, 24 years of age) and was in his/her hands at the victim G (n, 24 years of age).

Accordingly, the defendant committed indecent acts by using the victim's resistanceable condition.

[Judgment of the court below] Defendant 1 committed a sexual crime on two or more occasions as stated in the above crime records and criminal facts, and Defendant 1 committed a sexual crime against a child under the age of 19, thereby committing a sexual crime and committing a sexual crime against a child under the age of 19.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement in F and G: The statement of the police involved; 1. The photograph of CCTV images and CCTV images, which are attached to the investigation report (on-site CCTV images), shall be taken;

1. Written inquiry about criminal history, etc. (A);

1. The investigation report (the confirmation of the previous conviction and the date of confirmation of the judgment of the suspect) is angled to the investigation report (the risk of recidivism of sexual crimes as indicated in the judgment).

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