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(영문) 수원지방법원 안산지원 2018.11.30 2018고합243
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

And Facts constituting the cause of the attachment order / [crime]

1. On April 6, 2018, the Defendant and the requester for an attachment order (hereinafter “Defendant”) against the Act on the Protection of Children’s Juveniles from Sexual Abuse (voluntary indecent act) committed an indecent act by force against the victim, who is a juvenile, who was walking on the opposite part of the Donsan-si, Ansan-si, and the victim E (the 15 years old), who was walking on the opposite part of the Donsan-si, on April 6, 2018.

2. On May 16, 2018, the Defendant forced indecent act: (a) reported the victim G (a) who was frighten in front of the Simsan-si, Masan-si, Masan-si (around 09:29, 40 years old); and (b) committed an indecent act by force against the victim by making the victim’s right breast part of his/her chest by his/her own fault in front of the victim.

[Facts of the ground for attachment order] The defendant should be subject to protection observation while suspending the execution of punishment, and it is necessary to attach a location tracking electronic device to confirm whether the matters to be observed are implemented during the period of protection observation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. A H statement;

1. Photographss, on-site photographs, and editing data on CCTV images by cutting down a photograph at the scene of crime, CCTV images;

1. CCTV CDs and CCTV image data;

1. In addition to the following circumstances recognized by the need to attach an electronic tracking device during the period of protection observation, the need to attach a position-based electronic device to the Defendant in order to verify the implementation of the obligation during the period of protection observation, in light of the Defendant’s age, sex, conduct, background of exchange, family relationship, motive, means and consequence of the instant crime, etc. in addition to a reply to inquiry, such as the need to attach an electronic tracking device, criminal history, etc., a criminal investigation report (Attachment of a written decision of transfer), and a written investigation prior to the request.

① The Defendant committed a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse on November 25, 2010 even before the instant case.

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