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(영문) 부산지방법원 동부지원 2012.11.09 2012고합333
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

The defendant's disclosure of information about the defendant is made through an information and communications network for five years.

Reasons

Criminal facts

and the facts constituting the cause of the request for attachment order [criminal facts]

1. On September 15, 2012, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor indecent act under the age of 13) committed an indecent act by force against the above victim, who is under the age of 13, on September 17, 2012, when the Defendant took the body of the said victim at the Busan Shipping Daegu C2nd floor, and on September 17, 2012, when the victim D (the age of 8) who was under the shower, “I am am sabbababababababa.” The victim’s reflects the victim’s resistance. After the victim’s fingers the victim’s sexual organ one time with his fingers and three times more after his fingers the victim’s sexual organ with his hand, and forced the victim to commit an indecent act by force, who is under the age of 13.

2. At the time and place set forth in paragraph (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by force), the Defendant committed an indecent act by force against the said victim, who was a child or juvenile, by making the victim E (a person aged 14) who was shower in D’s side, saying, “I am out of the swimming uniform and shower Ra. Ra. Ra. Ra. Ra. Ra.” The Defendant told the said victim to go against her head, saying, “I amyen,” and forced the victim to go against the victim’s resistance, she sat down three times the victim’s sexual organ with the hand floor, 5 to 6 times in front and rear, and then asked the shower for the above victim’s body, making the victim’s sexual organ one time in his hand, and making the shower off.

[Fact of the ground for requesting an attachment order] A person subject to a request to attach an attachment order (hereinafter referred to as "defendant") has committed a sexual crime on at least two occasions, and is not only recognized as a habit, but also a sexual crime against a person under the age of 16, and is likely to recommit a sexual crime.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in this court;

1. Entry of each statement of the police officer in D and E;

1. A witness of an investigation report prepared by the prosecution;

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