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(영문) 춘천지방법원 강릉지원 2014.01.09 2013고합66
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Criminal facts

On November 18, 2004, the defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") were sentenced to a suspended sentence of one year for the crime of violating the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (13 years of age). On November 20, 2008, the court was sentenced to a suspended sentence of one year for the crime of kidnapping a minor by the same court. On April 5, 2012, the court was sentenced to a suspended sentence of eight months for the crime of indecent act by force, and the execution of the sentence was completed on October 9, 2012.

On July 29, 2013, around 22:37, the Defendant: (a) reported that the victim E (here, 17 years of age) who is a juvenile within the city bus D, which passed near the East Sea C, was seated and was seated in the seat.

The Defendant, within the bus, called “bucking in a bucker bridge”, was rhicking on the left side of the victim by hand against the victim’s will.

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

[Fact that is the cause of a request for an order to attach an electronic device] The defendant committed a sexual crime against a juvenile under the age of 19, committed a sexual crime, and committed a same criminal act at all times within one year after the execution of the sentence is completed, even though he was sentenced to imprisonment due to a sexual crime, and the defendant committed a similar act in the form and method of the sexual crime committed by him, and there is a risk of recidivism.

Summary of Evidence

1. Each legal statement of witness E and F;

1. A report on investigation (verification of CCTV against the local bus, etc. aboard by a suspect), and a report processing table 112;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and investigation reports (the report on the risk of recidivism and the previous record);

1. The risk of recidivism of sexual crimes and recidivism: The following circumstances, which are acknowledged by each of the above evidence and a reply to a request prior to the investigation, i.e., the defendant was committed in addition to the instant crimes.

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