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(영문) 대구지방법원 포항지원 2019.10.17 2019고합46
추행유인등
Text

A defendant shall be punished by imprisonment for two years.

The personal information of the defendant against the defendant shall be used through an information and communications network for five years.

Reasons

Punishment of the crime

[criminal power] On July 8, 2016, the Daejeon High Court sentenced the Defendant to two years of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age), etc., and completed the execution of the sentence on December 5, 2017. On November 28, 2018, the judgment above became final and conclusive on December 3, 2018, by having been sentenced to two years and six months of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age) in the Daejeon District Court’s astronomical Support.

【Criminal Facts】

The defendant was a person with intellectual disability 2 and without a certain occupation, and was induced to commit an indecent act after inducing him according to the victim B (title, string, 7 years of age) who was on the way.

1. On August 29, 2018, around 16:33, the Defendant: (a) provided that the said victim in Pyeongtaek-si apartment complex referred to as “a person, such as a toilet where it is located;” and (b) went to the first floor toilet of “E High School” located approximately 700 meters away from the said apartment complex.

Accordingly, the defendant inducedd the victim for the purpose of indecent act.

2. Around 16:40 on August 29, 2018, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor indecent act by compulsion under the age of 13) went to and out the above victim within Pyeongtaek-si D and the “Ehigh School” one story male toilet column, and opened the victim knee and knee, and kne the victim kne and kne the victim kne, and knife his knife and knife his knife.

In this respect, the defendant forced the victim under the age of 13 to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records of the police against B;

1. B written statements;

1. Notification of an administrative disposition taken by a person subject to investigation report (to clothes worn at the time of criminal conduct) or a violation of the Road Traffic Act;

1. Previous convictions in judgment: A criminal investigation report and the application of Acts and subordinate statutes as a result of inquiry;

1. Relevant Articles of the Criminal Act and Article 288 (1) of the Criminal Act with respect to facts constituting an offense, sexual crimes.

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