(영문) 의정부지방법원 2020.05.15 2020고합32

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.05.15 2020고합32

강제추행

Text

A defendant shall be punished by imprisonment for not less than eight months.

The accused shall be placed at child, juvenile-related institutions, etc. and welfare facilities for disabled persons.

Reasons

Criminal facts

On June 28, 2018, a defendant and a person subject to an order to attach an electronic device (hereinafter referred to as "defendant") are under suspension of execution, which became final and conclusive on July 6, 2018, by having been sentenced to three years of suspension of execution for two years of imprisonment due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse.

【Criminal Facts】

On April 14, 2020, when the Defendant was unable to discern things or make decisions due to intellectual disability around 15:26 on April 14, 2020, the Defendant laid the crosswalk at the crosswalk front of the C&M branch located in the Council-si B, and committed an indecent act by force against the victim by making the chest part of the victim D (the age of 18) only one time on his own hand.

[Causes of Probation Order] Since the Defendant committed a sexual crime as stated in the facts of the crime in the judgment, and is likely to recommit a sexual crime, it is necessary to put the offender under probation after the execution of the sentence in order to re-socialize by preventing recidivism and correcting character and behavior.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D and E;

1. Contents of Messenger communications, divided by the victim from the victim to the victim;

1. The CD (Evidence 172 pages);

1. Criminal records as indicated in the judgment: A investigation report, criminal records, etc. inquiry report;

1. The risk of recidivism in the judgment: (a) the following circumstances revealed by the evidence adopted and examined by the court; (b) the Defendant committed the attempted indecent act by force and the instant crime despite the suspension of the execution period for the same crime; (c) appears to be weak social relation among the Defendant; and (d) other factors, including the motive and content of the instant crime, the circumstances before and after the instant crime, the Defendant’s character and conduct, the Defendant’s environment, and awareness and attitude of sex, are acknowledged as having the risk of recommitting a sexual crime.

Application of Statutes

1. Criminal facts;

참조조문

-청소년의 성보호에 관한 법률

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