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(영문) 창원지방법원 거창지원 2020.05.21 2019고합30
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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 August 26, 2019, when the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendants") are operated by the defendant and the person to whom the attachment order was issued (hereinafter referred to as the "defendants") around 08:20 on August 26, 2019, they board the urban bus B operated from the urban bus platform located in the invoice of the city bus that was operated on the right side to the west, and then, they board the victim B's seat on the side of the victim C (hereinafter referred to as the 15-year old seat) for about five minutes.

As a result, the defendant committed indecent acts against the child or juvenile victim.

[Facts constituting the ground for attachment order] The Defendant has a record of committing a sexual crime two or more times, and commits a sexual crime against a person under the age of 19. The Defendant is a person who again commits the sexual crime of this case under the same method as the previous sexual crime, and the Defendant is recognized to have the habits of the sexual crime of this case, and in light of the background and method of committing the crime, the Defendant’s environment

Summary of Evidence

1. Each legal statement of C and D;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Investigation report (to attach photographs by cutting a black stuff image to a suspect, to attach one CD in bus stuffs image, and to specify the suspect);

1. The risk of recidivism and the recidivism of sexual crime as indicated in the judgment: The evidence mentioned above and the following circumstances recognized by the advance report on the request for attachment order for electronic device attachment order: (i) the Defendant has the record of committing an indecent act against the victim under the age of 13 in the past and the indecent act against the victim on board the bus seat 19 years old who committed an indecent act by deceptive means; and (ii) the latter’s criminal records are the same as this case and the applicable law; (iii) the assessment results of the assessment of recidivism risk of the sex offender against the Defendant at the level of 10 points in total, and the total point of 9 points in total, as a result of the assessment of the assessment of recidivism risk assessment of the Korean sex offender against the Defendant; however, the Defendant stated that he has experience in sex trafficking around the age of 25; and (iv) the Defendant is subject to criminal punishment.

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