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(영문) 창원지방법원 2016.10.20 2015고합92
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Criminal facts

On July 30, 2007, the defendant and the person against whom the attachment order was requested (hereinafter referred to as the "defendants") received a summary order of KRW 3 million by means of quasi-indecent act, etc. from the Changwon District Court, and on August 19, 2014, the Changwon District Court was sentenced to a suspended sentence for 8 months due to an indecent act in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

【Criminal Facts】

피고인은 2014. 12. 25. 05:05경 김해시 C에 있는 'D 찜질방' 수면실 내에서 잠을 자고 있던 피해자 E(여, 13세)가 잠이 들어 반항하지 못하는 상태를 이용하여 피해자의 오른쪽 발과 발가락을 입으로 핥아 아동ㆍ청소년인 피해자를 추행하였다.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Previous records of judgment: Criminal records, inquiry reports and investigation reports (Attachment to the same type of judgment);

1. The risk of repeating a crime: (a) the following circumstances recognized by the aforementioned evidence and the written investigation before the request are acknowledged: (b) the Defendant had the record of criminal punishment for committing a sexual crime on two occasions at the previous time, i.e., the Defendant committed the crime of this case at the same time during the suspension of execution; (c) most of the criminal methods and places committed by the Defendant are similar; (d) the Defendant’s evaluation of the risk of committing a sexual crime at a relatively high level (7-12 points); and (e) the Defendant’s age, character and behavior, occupation, environment, and the motive and circumstances of the instant crime are considered as follows.

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