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(영문) 광주지방법원 순천지원 2013.03.14 2013고합19
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

The information on the accused shall be disclosed through an information and communications network for five years.

Reasons

Criminal facts

On February 14, 2012, at the Gwangju High Court, sentenced the Defendant and the person to whom the attachment order was requested (hereinafter referred to as “Defendant”) to eight months of imprisonment for a violation of the Act on the Protection of Children and Juveniles from Sexual Abuse, etc., and completed the execution of the sentence on March 11, 2012.

【Criminal Facts】

In the state that the defendant lacks the ability to discern things or make decisions due to mental retardation and oppy, the defendant lent his cell phone from the victim D (ma, 17 years old) who was young young with drinking water to use only one cell phone at around 21:00 on October 6, 2012, and used the cell phone from the victim to use the cell phone at the victim's house at around 22:0 on the same day while the victim viewed television together with the victim's cell phone at the victim's house at around 22:0 on the same day while viewing television, the defendant committed an indecent act against the victim, which is a juvenile, by force, by disregarding the victim's sexual organ at around 1 minute even though the victim expressed his/her intention to stop.

[Judgment of the court below] The defendant committed a sexual crime on two or more occasions, and committed a sexual crime against a minor under the age of 19, and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous convictions in judgment: Criminal records, court rulings, and current status of personal identification and confinement;

1. The risk of recidivism of sexual crime as indicated in the judgment: The following circumstances acknowledged by the aforementioned evidence, the results of the mental appraisal, and the notification of the results of the investigation before the request, i.e., the defendant, from April 201 to June 18, 201, was sentenced to eight months of imprisonment with prison labor for the crime of sexual assault, etc. committed against a male child or juvenile, such as sexual assault, giving sexual intercourse, etc., and completed the execution on March 11, 2012.

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