(영문) 대구지방법원 2017.03.10 2016고합594

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자간(%)

(영문) 대구지방법원 2017.03.10 2016고합594

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

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A defendant shall be punished by imprisonment for one year.

The information on the accused is disclosed through an information and communications network for a period of three years.

Reasons

Punishment of the crime

[criminal record] The defendant and the person requesting an attachment order (hereinafter “defendant”) are under the suspension of execution as of January 16, 2015 when the Daegu District Court sentenced the Defendant to three years of suspension of execution on September 18, 2015 due to a violation of the Act on the Protection of Juveniles from Sexual Abuse (voluntary indecent act).

[2] On July 11, 2016, the Defendant: (a) discovered the victim E (the age of 15) who was divingd in the 8th floor of the D Hospital located in Daegu-gu, Daegu-gu, Dong-gu, Seoul-gu, at around 12:20 on July 11, 2016; (b) discovered the victim E (the age of 15); and (c) laid down the victim’s bridge between the two legs, she was salpted by the victim’s bridge; and (d) continued to move back to the victim, and the victim’s chest was her breast by hand.

As a result, the defendant committed an indecent act against the victim who is a juvenile.

The defendant is found to have committed a sexual crime on at least two occasions, and has committed a sexual crime against a minor under the age of 19, and is likely to recommit a sexual crime.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement made by the victim of video recording CDs;

1. A written statement;

1. Previous convictions: A reply to inquiries about criminal history data, and each judgment;

1. In full view of the following circumstances acknowledged by the records in the instant case, such as the evidence examined prior to the risk of recidivism and the record prior to the filing of the claim, and all other circumstances revealed in the oral proceedings, the Defendant’s risk of recidivism of sexual crime and the recidivism is recognized.

(1) The defendant has been sentenced to a suspended sentence of three years for a year and six years for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (Rape, etc. of Minors under the age of 13) and a crime of violation of the Act on the Protection of Juveniles from Sexual Abuse.

② As above, the Defendant is a crime of violating the Act on the Protection of Children against Sexual Abuse.

참조조문

-성폭력범죄의 처벌 및 피해자보호 등에 관한 법률

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