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(영문) 울산지방법원 2012.11.16 2012고합376
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

Punishment of the crime

Defendant

In addition, on January 14, 201, the person against whom the attachment order was requested (hereinafter “defendants”) sentenced one year and six months to imprisonment for indecent acts by force at the Ulsan District Court on March 15, 201, and completed the execution of the sentence at the port prison on March 15, 2012.

On August 30, 2012, at around 21:05, the Defendant, at the bus stops in front of the Ulsan-gu C market, had the victim D (Influent, 18 years of age) who waits for the bus at the bus stops in Ulsan-gu, Seoul-gu, Seoul-gu, in order to force indecent act by force, the Defendant prevented the victim from driving on the part of the left side of the victim by driving on his hand, so that the victim could not drive on the part of the right side of the victim for about 2 minutes.

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

On January 17, 2007, the Defendant was sentenced to four months of imprisonment for a crime of indecent act by force in the territory of the Changwon District Court on the part of January 17, 2007, and was sentenced to six months of imprisonment for a crime of indecent act by force at the Ulsan District Court on August 16, 2007, and was sentenced to an order to attach an electronic tracking device for one year, six months and five years at the Ulsan District Court on January 14, 201, and was sentenced to an order to attach an electronic tracking device for a location of one year, six months and five years on March 15, 201, and at the same time the execution of the sentence was completed, and was installed with an electronic tracking device from that time, and thus, there is a risk of recidivism and recidivism

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. E statements;

1. A survey report prior to a request;

1. Previous convictions in judgment: Criminal records, current status of personal identification and confinement, and copies of each written judgment;

1. The risk of recidivism and recidivism in the judgment: the defendant has the same criminal records four times; the defendant attempted to commit an indecent act by approaching other women immediately before the indecent act in this case; the victim who is a juvenile under the age of 18 was unable to work for about two minutes; and the indecent act was committed by spreading bucks, etc.; there is no certain residential and social relationship; and Korean type of punishment.

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