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(영문) 인천지방법원 2015.04.08 2015고합104
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

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

The defendant shall complete the sexual assault treatment program for 80 hours.

Reasons

Criminal facts

On February 13, 2015, the defendant and the person against whom the attachment order was requested, and the person against whom the probation order was requested (hereinafter referred to as the "defendant") had the intent to commit an indecent act against the victim who was sitting on the defendant's side while the victim D (14 years old), located inside the residence of the victim D (hereinafter referred to as "the victim") located in the Nam-gu Incheon Metropolitan apartment C, Nam-gu, Incheon, in addition to the victim's money, he was sitting on the part of the victim E.

The Defendant: (a) had the victim’s right buckbucks so far from the inside to the inside of the bank so that the Defendant got into the victim’s right bucks so far; (b) caused the victim’s buckbucks by hand; (c) caused the victim’s left shoulder part of the victim’s school uniforms by left hand in order to avoid the victim’s body; and (d) caused the victim’s bucks into the part of the victim’s school uniforms, and the part of the Defendant met with the victim’s bucks.

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

[In light of the facts indicated in the judgment below, the Defendant was sentenced to two years and six months in Seoul High Court on March 30, 200 to imprisonment with prison labor for rape, injury, etc., and the judgment became final and conclusive, and the Defendant committed sexual assault against a juvenile victim, as stated in the judgment below, and considering the background of the instant crime, method of crime, and history of the instant crime, the Defendant is highly likely to recommit sexual assault crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Investigation report (only appended to a detailed statement of receipt of a report of 112 cases), a detailed statement of receipt of a report of 112 cases, a criminal investigation report (report attached to a criminal investigation report), and a criminal investigation report (a report attached to a crime scene by a victim, stating the rescue at the scene of the crime);

1. One copy of a photograph at the scene of crime and one picture at the scene of crime;

1. The risk of repeating a crime as indicated in the judgment: Each of the above evidence and the following circumstances that can be acknowledged by a reply prior to the request for attachment order, and the background of the crime of this case, actions after the crime of this case, the age of the defendant, awareness and attitude of character, conduct and sex, etc.

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